IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 30594 of 2010(Y) --------------------------------- PETITIONER(S): ------------------- REEGAL MATHEW, AGED 44 YEARS, S/O.P.P.MATHAI, PUTHUVANKUNNATHU HOUSE, NADUKANI P.O., KOTHAMANGALAM-686 691. BY ADV. SRI.B.HARISH KUMAR RESPONDENT(S): -------------------- 1. ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI, REPRESENTED BY ITS REGISTRAR, FORT KOCHI, KOCHI-1, KERALA. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY (DEFENCE), NEW DELHI. 3. THE OFFICER-IN-CHARGE, RECORDS MADRAS ENGINEER GROUP, SIVANCHETTY GARDEN P.O., POST BOX NO.4201, BANGALORE. 4. DIRECTOR GENERAL, CONTROLLER OF DEFENCE ACCOUNTS (PENSION) ALLHABAD, UTTER PRADESH. R2 TO R4 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 30594 OF 2010 Y ----------------------------------------------------------- Dated this the 11th October, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioner and Assistant Solicitor General appearing for respondents. The order under challenge is Ext.P4 issued by the Armed Forces Tribunal rejecting petitioner's claim for disability pension. Petitioner joined services on 12/3/1985 and while on annual leave on 18/10/1994 petitioner suffered a scooter accident leading to massive injury and 50% disability. Though he was taken back in service after leave and protracted treatment he was discharged from the army on 31/3/2002. The petitioner is granted regular service pension for 17 years and 20 days service rendered by him. However, petitioner's claim is that his disability and removal on account of the same attributable to service and so much so he is entitled to disability pension. Admittedly the rules do not provide for any disability pension on account of accident happened during the service personal is on annual leave. The petitioner suffered the accident during annual leave in Kerala which has nothing to do with WPC 30594/2010 2 his services. So much so, Tribunal rightly found that petitioner is not entitled to any disability pension. Petitioner is therefore entitled to normal pension for the years he has served in the Army. Writ petition is devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj WPC 30594/2010 3