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Dushyant Singh v. Union Of India & Others - SPECIAL APPEAL DEFECTIVE No. 1017 of 2006 [2007] RD-AH 542 (10 January 2007)


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Counsel for the appellant : Lt. Cdr. G.D. Mukerji.

Counsel for the respondents : Mr. Ashok Nigam,  Addl. Solicitor  General.

Hon'ble Ajoy Nath Ray, CJ.

Hon'ble Ashok Bhushan, J.

We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice Prakash Krishna dated 26th of October, 2006.

We assume in favour of the writ petitioner-appellant that the Medical Board has opined his injury to be 40% and that he has lost the use of his right eye. However, the injury was picked up when he was on casual leave. Pension has been disallowed on the ground that the injury is not attributable to service or aggravated because of service. The Entitlement Rules were produced by the respondents in this regard. As such the appeal has to be and is hereby dismissed. The case of Lance Dafadar Joginder Singh vs. Union of India and others reported at 1995 S.C.C. (L & S) 1149 is distinguishable. The facts were different from this case and no rules were produced before the Court. The injury there had been contracted in 1976 and the rules in question came into force in 1982.

The appeal is therefore dismissed without any order as to costs.

Dated 10.1.2007.

Rakesh (1017).06


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