TANWIR ALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled with Army in the year 1991 as 'Nursing Assistant'. He completed his training, which included physical, mental and classroom studies successfully. He became a full-fledged soldier upon subscribing oath/attestation on 30.03.1993. He, however, within a short period invalidated out of service vide order dated 12.07.1993 on medical ground of suffering from.

(2.) The contention of the petitioner is that he never suffered from the said disease nor there is arty family history in relation thereto. The petitioner filed a representation claiming disability pension from the respondents, which was rejected by an order dated 05.05.1994 on the grounds that (a) his disability was not attributable to military service; and (b) he did not fulfill the pre-conditions therefor, namely, the said disease existed prior to his joining the services and remained aggravated thereby. Aggrieved by and dissatisfied with the said order, the petitioner preferred an appeal to the Ministry of Defence, New Delhi on or about 10.05.1994 and a representation to the President of India and to Secretary to Govt. of India on or about 25.08.1995. On or about 20.05.1996, the petitioner again made a representation 'before the President of India questioning the said order dated 12.07.1993 whereby he was invalidated from the service on medical ground. According to the petitioner, he had undergone medical tests by specialized Doctors and they are of the opinion that he had not been suffering from any mental disorder whatsoever.

(3.) In the aforementioned situation, the petitioner has filed the present writ petition inter alia claiming for the following reliefs :-