LNK GORDHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Common questions of law arise in both these writ petitions - viz. - whether the Chief Controller of Defence Accounts (Pensions), Allahabad, Uttar Pradesh, can refuse to release disability pension to a person who has been Discharged from the Armed Forces pursuant to the recommendation of it Release Medical Board.

(2.) In C.W.P. No.2010 of 2000 the Petitioner had joined the Army as a Gunner in August, 1983. His first hospitalisation took place in 1996 and he was placed in the category CEE(P) in February, 1997. In the Counter Affidavit filed by the Respondents contradictory stands have been taken as would be apparent from a reading of paragraphs 2 and 3 thereof.

(3.) At the time of hearing I had pointedly enquired from Counsel for the Respondents which party they were representing since if the stance of the CCDA (Pension) was being defended, it would have the consequence of assailing the recommendations of the Release Medical Board, and this would possibly lay the foundation for a challenge to the release/discharge of the Petitioner. Learned counsel for Respondents had even in these circumstances argued in favour of sustaining the order of the CCDA (Pension). The incongruity in the defence cannot be appreciated.