RAM PHAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) .This petition has been preferred by the petitioner praying issuance of a writ quashing the impugned order dated 24/2/1986 and also the letter dated 27/2/1987. The petitioner has also sought for a further relief directing the respondents to pay 90% disability element of pension to the petitioner.

(2.) .The petitioner was enrolled in India Army on 7/1/1979 as a Combatant Soldier. The petitioner admitted to Military Hospital, Patiala on 9/3/1983 due to corrosive poisoning. The petitioner was transferred to different military hospitals where he underwent treatment. The petitioner was examined by a Medical Board on 4/11/1985 who gave its opinion that the petitioner was suffering from "STRUCTURE HYPOPHA RYNK AND ESOPHAGUS" and because of the same he was invalidated out of service after 6 years 9 months and 20 days of Army Service. The said order of invalidating out of service against the petitioner was passed under the provisions of Army Rule 13(3)(III)(iii) of 1954. A copy of the medical report is also placed on record as Annexure R-1. The opinion of the Medical Board was that the disability suffered by the petitioner is neither attributable to nor aggravated by Military service. According to the Medical Board it was caused by individual's own fault and the claim for grant of disability pension to the petitioner was rejected on the ground that disability from which the petitioner suffered during his service in the army is neither attributable to nor aggravated by military service.

(3.) .Being aggrieved by the aforesaid order the petitioner also filed an appeal to the Government of India, Ministry of Defence. The said appeal was also disposed of by the Ministry of Defence rejecting the claim of the petitioner and upholding the decision of the respondent No.3 that the disability from which the individual suffered during his service in the Army is neither attributable to nor aggravated by Military service. It transpires from the record that thereafter the petitioner filed a Civil Suit which was registered and numbered as Civil Suit No.50/1988 in the Court of Additional Senior Sub-Judge, Jind, seeking for grant of disability pension. The said suit however, was dismissed after contest by a judgment/ order pronounced on 6/8/1991. Now the present petition has been preferred by the petitioner seeking for grant of disability pension to the petitioner by quashing the aforesaid order dated 24/2/1986 and letter dated 27/2/1987.