VidhiSangh

Supreme Court of India · 20/09/2019

SECRETARY, GOVERNMENT OF INDIA & ORS. versus DHARMBIR SINGH

[2019] 13 S.C.R. 122 · 2019 INSC 1063

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Summary

An Army member injured in a scooter accident while shopping during casual leave was granted disability pension by the Tribunal. The Court held that deemed duty during leave did not dispense with a causal connection between injury and military service. The Court of Inquiry endorsement was not conclusive for pension entitlement, and the private errand involved an ordinary civilian risk. The pension award was set aside.

Issues

  1. Whether deemed duty during leave sufficed for disability pension without a service nexus.
  2. Whether the Court of Inquiry or Brigade Commander’s attribution finding conclusively determined entitlement.

Provisions considered

Held

Result

The Government’s appeal was allowed. The Tribunal’s order granting disability pension was set aside and the respondent’s original application dismissed.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 122.