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This is an archive article published on July 15, 2011

No disability pension if you get injured during vacation: SC

The apex court passed the ruling while upholding an appeal filed by the Centre.

A member of the armed forces disabled by an accident during his or her vacation is not entitled to any disability pension as the disability did not occur during discharge of official duties,the Supreme Court has ruled.

“The member of the Armed Forces who is claiming disability pension must be able to show a normal nexus between the act,omission or commission resulting in an injury to the person and the normal expected standard of duties and way of life expected from member of such forces.

“Inasmuch as the respondent sustained disability when he was on annual leave that too in his home town in a road accident,the conclusion of the learned single judge that he is entitled to disability pension under Regulation 179 is not based on any material whatsoever,” a bench of justices P Sathasivam and A K Patnaik said.

The apex court passed the ruling while upholding an appeal filed by the Centre challenging a Punjab and Haryana High Court’s direction to grant disability pension to Jujhar Singh who fractured his limbs in a road accident while on a vacation.

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