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Judgment
Present OA has been filed by the applicant seeking the following reliefs :-
a) Â To issue directions to the Respondents for declaring the injury suffered by the Applicant on 12.12.2014 as Battle Casualty.
b) Â To grant such other relief appropriate to the facts and circumstances of the case as deemed fir and proper.
Heard learned counsel for the applicant. It is the case of the applicant that he was enrolled in the Indian Army on 11th September 2000. On 12th
December 2014, he sustained injuries during the Lecture-cum-Demonstration on Bunker Bursting Drill. A Court of Inquiry was convened to
investigate the circumstances under which he had sustained right hand injury. The same was declared to be Attributable to Service. He was invalided
out from service in Low Medical Category on 30th April 2020. He sent a Legal Notice to the 2nd January 2021 for grant of Disability Pension and for
categorization of his injury as Battle Casualty.
The respondents replied to the Legal Notice but did not address the issue of non-categorization of his injury as Battle Casualty. He has been granted
disability element of pension.
Attention of learned counsel for the applicant has been drawn to the Legal Notice wherein in Para 5 although he has alleged that his injury should
have been categorized as Battle Casualty. However, the prayer was confined to grant of Disability Pension which has been granted to him vide
impugned order dated 15th January 2021. Since there was no specific prayer in the Legal Notice for declaring the injury as Battle Casualty and there
is no other representation made by the applicant, under the circumstances, learned counsel for the applicant seeks to withdraw the present OA with
liberty to make representation to the respondents for declaration of his injury as Battle Casualty and then take legal recourse.
Counsel for the respondents has no objection to the same. Under the circumstances, OA is dismissed as withdrawn with liberty as prayed for.