Ex Hav Ram Sharan Singh vs Union Of India Thru. Secy. ...
2022 Latest Caselaw 7969 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - A No. - 4562 of 2022
 

 
Petitioner :- Ex Hav Ram Sharan Singh
 
Respondent :- Union Of India Thru. Secy. Ministry Of Defence Govt. Of India , New Delhi And Others
 
Counsel for Petitioner :- Nand Kishore,Raj Kumar Dwivedi
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Narendra Kumar Johari,J.

Heard learned counsel for the petitioner and Shri Surya Bhan Pandey, learned Assistant Solicitor General of India assisted by Shri Varun Pandey, for Union of India and perused the record.

The judgment/order passed by Armed Forces Tribunal, Regional Bench, Lucknow, in Original Application No.29 of 2022, on 04.04.2022, is under challenge before us in the present writ petition.

The Original Application instituted by the petitioner has been rejected on the ground that the disability incurred by the petitioner was not during the course of the military service as postulated under the guidelines well established in this regard. The relevant guidelines have also been reproduced in paragraph 12 of the judgment. The Armed Forces Tribunal while rejecting the Original Application has recorded the reasons exhaustively and it has been opined that the petitioner's going to purchase medicines for his son, on meeting with an accident due to slipping of his own motorcycle, does not fall within the scope of guidelines, therefore, the injury sustained cannot be attributed to a cause within the scope of military service.

We do not find any error or illegality in the judgment/order passed by the learned Armed Forces Tribunal. Moreover, no perversity has been pointed out in the observation recorded by the learned Armed Forces Tribunal in so far as the finding to this effect is concerned. The matter has been decided after due opportunity to the parties concerned.

We find no good ground to interfere in the matter. The writ petition is, accordingly, dismissed.

Order Date :- 25.7.2022

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