IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 3497 of 2011. Decided on: July 13, 2011. Raghuvir Singh Vrs. State of H.P. & ors. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Sharma, Judge. For the petitioner: For the respondents: Mr. A.K. Gupta, Advocate. Mr. R.K.Bawa, AG, with Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed mainly with the following prayer:- “i. That respondents may be ordered to grant disability pension to the petitioner from the date he suffered the said injuries with all the benefits incidental thereof as per the Home Guards Rules and General Pension Rules which are applicable to the Home Guards with all the benefits incidental thereof such as arrears etc. with 9% interest thereon and the lump sum amount of compensation may be ordered to be paid to the petitioner for his having suffered and incurred medical expenses.” 2. In the reply, at paragraph 5, it is stated as follows: “Para-5. As per H.P. Home Guard Rules, 1971, the provisions exists under Rule 15 for providing compensation to a Home Guard who suffers any damage to his person or property while undergoing training or on duty, if he does not cause it by his own negligence. The petitioner in this case went on his own to sleep on the roof top of the Police Chowki, especially when suitable accommodation was provided in the Police post Singhpura for night rest to the petitioner. He thus suffered the accident due to his own negligence and hence did not qualify for the grant of compensation under H.P. Home Guard Rules, 1971.” 3. It is fairly clear that the case involves disputed questions of fact as well. Therefore, it will not be proper for this Court to enter upon adjudication and render final decision as to the eligibility of the petitioner. The petitioner may pursue the same in appropriate proceedings. Without prejudice to such liberty, the Writ Petition is dismissed, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. July 13, 2011. ( Justice V.K.Sharma), (karan/vs) Judge.