UNION OF INDIA & ANR.versusC.S. SIDHU

                          [2010] 4 S.C.R. 322


A                       UNION OF INDIA & ANR.
                                  V.
                            C.S. SIDHU
                  (Civil Appeal No. 4474 of 2005)

8                          MARCH 31, 2010

         [MARKANDEY KATJU AND A.K. PATNAIK, JJ.]

         Service Law:
C         Disability pension - Officer joined Indian Army through
    Short Service Commission on 22.5.1968 - Injured at high
    altitude field posting on 21.11.1970 - Released from service
    on 23.6.1978 - For disability pension period taken into
    account only from 22.6.1968 to 21.11.1970 - HELD: High
    Goud has rightly held that for the purposes of qualifying
D   service for disability pension, the entire period of
    commissioned service rendered by the officer from 22.6.1968
    to 23. 6. 1978 has to be taken into account - Arrears with 8%
    interest per annum will be paid to the respondent within three
    months - Armed Forces - Military.
E
        Armed Forces:
         Army Officers and army-men - Concern shown by Court
    that they should be treated in a better and more humane
    manner by governmental authorities particularly in respect of
F   their emoluments, pension and other benefits - Service Law
    - Disability pension.
        CIVIL APPELLATE JURISDICTION : Civil Appeal No.
    4474 of 2005.
G        From the Judgment & Order dated 11.12.2003 of the High
    Court of Punjab and Haryana at Chandigarh in Civil Writ
    Petition No. 12299 of 2002.
         Parag P. Tripathi, ASG, Arti Gupta, Kunal Bahri and Anil
    Katiyar for the Appellants.
H                                322
        UNION OF INDIA & ANR. v. C.S. SIDHU                 323


      Susmita Lal (N.P.) for the Respondent.                       A
     The following Order of the Court was delivered
                              ORDER
    1. Heard Mr. Parag P. Tripathi, learned Addi. Solicitor
 General appearing for the appellants.                             B
      2. There is no appearance on behalf of the respondent
 today.
      3. This appeal by special leave is directed against the
impugned judgment and order dated 11.12.2003 of the Division       c
Bench of the High Court of Punjab & Haryana whereby the writ
petition filed by the respondent herein (writ petitioner before the
High Court) has been allowed and the appellants herein
(respondents before the High Court) have been directed to
count the entire period of full pay commissioned service of the D
respondent from 22.06.1968 to 23.06.1978 as qualifying
service and calculate his disability pension in accordance with
pension scales as on 2-3.6.1978 and give him all other benefits
I therefrom.
     4. The facts in detail have been given in the impugned        E
judgment and order. Hence, we are not repeating the same
here.
     5. The question involved in this appeal is whether the full
pay commissioned service rendered by the respondent herein
from 22.06.1968 to 23.06.1978 is to be counted as qualifying       F
service by the Union of India for the purpose of granting
disability pension to the respondent.
      6. The respondent herein was an officer in the Indian Army_
who was given a short service commission on 22.06.1968. A G
short service commission is given for 5 years and can be
extended by another 5 years only. He was posted at a high
altitude field area and while on duty or. 21.11.1970, he met with
an accident and suffered severe injuries. As a result of the
accident, respondent's right arm had to be amputated. He also
                                                                  H
    324     SUPREME COURT REPORTS                  (2010] 4 S.C.R.


A   suffered a compound fracture of the femur (thigh bone) and
    fracture of the mandible Uaw bone). He was released from
    service of Army on 23.6.1978. For his disability pension, the
    period taken into account by the Army authorities was only from
    22.6.1968 to 21.11.1970. Aggrieved by the said decision of
B   the Army authorities, the respondent filed a writ petition before
    the High Court which has been allowed by the impugned
    judgment and order. Hence, the appellants are in appeal before
    us.
         7. We have gone through the impugned judgment and
C   order and we are in full agreement with the Division Bench of
    the High Court that for the purposes of qualifying service for
    disability pension the entire period of commissioned service
    rendered by the respondent from 22.6.1968 to 23.6.1978 has
    to be taken into account. Accordingly, we see no reason to
D   interfere with the impugned judgment and order of the High
    Court. The appeal is accordingly dismissed. No order as to the
    costs. Arrears with 8% interest per annum will be paid to the
    respondent within three months.
         8. Before parting with this case, we regret to say that the
E   army officers and army men in our country are being treated in
    a shabby manner by the government. In this case, the
    respondent, who was posted at a high altitude field area and
    met with an accident during discharge of his duties, was
    granted a meager pension as stated in Annexure-P3 to this
F   appeal. This is a pittance (about Rs. 1000/- per month plus
    D.A.). If this is the manner in which the army personnel are
    treated, it can only be said that it is extremely unfortunate. The
    army personnel are bravely defending tlie country even at the
    cost of their lives and we feel that they should be treated in a
G   better and more humane manner by the governmental
    authorities, particularly, in respect of their emoluments, pension
    and other benefits.

    R.P.                                         Appeal dismissed.