Secretary, M/O Defence & Ors vs Ajit Singh on 6 May, 2009
"12.........In Secretary, Ministry of Defence and
others Vs. Ajit Singh (2009) 7 SCC 328, the
respondent-defence personnel suffered 20%
disability due to an electric shock received by him
while he was on casual leave and working in his
house near a tube-well. Besides, the respondent
had also not completed 10 years of service. The
Hon'ble Supreme Court held that he was not
entitled to disability pension, while setting aside
the judgment of the High Court. It could be
LPA No.304 of 2010 3
noticed in this case that he was on casual leave
and therefore, he was entitled to be treated as on
duty. He had an accident of an electric shock but
that accident was when he was attending to an act
inconsistent with an act of a person in Military
Service. Although the facts given in the case are
not full, we venture to believe that the shock in a
bore-well was not for a domestic activity. It was an
agricultural operation, which was inconsistent with
Military Service.