M S PEMMAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) "law is the king of kings, mightier than sword. For with its help even the weak may triumph over the strong". (Kathopanishad)With that fond hope and faith in this institution and realising the present is darker, but it is darkness before dawn the inevitable sunrise. Petitioner, an ex-Army man, trained as a paratrooper in 17, Para Field Regiment, Artillery, thrown into silence sufferance and unheard condemnation is knocking at the doors of this Court, because he feels that he has grievance and this Court would grant him the necessary relief.

(2.) PETITIONER has commenced the judicial proceedings with the filing of petition dated 28-3-1994. It is his case before this Court that he is eligible and entitled for payment of disability pension as provided under the Pension Rules. This claim is rejected by the opposite party on the ground that the petitioner has not been invalidated from service on account of disability which is attributable to or aggravated by Military Service. The above reasoning is reiterated by respondents even before this Court by filing their "uttara Paksha".

(3.) ON the conclusion of the trial and after careful consideration of the rival contentions urged by learned Counsels for the parties to the Us, in my opinion, petitioner is the winner and is entitled to a Maya Patra' for the following reasons.