NAFA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) . BY THIS WRIT PETITION THE PETITIONER HAS CLAIMED ENTITLEMENT TO DISABILITY PENSION ON THE GROUND OF HIS HAVING BEEN INVALIDATED OUT OF MILITARY SERVICE IN LOW MEDICAL CATEGORY. THE FACTS GIVING RISE TO THE PRESENT WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA LIE IN A NARROW COMPASS. THE PETITIONER WAS ENROLLED IN RAJPUTANA RIFLES OF THE INDIAN ARMY ON 16TH DECEMBER, 1962. IT IS CLAIMED THAT FINDING DIFFICULTY WITH HIS VISION HE WAS MEDICALLY EXAMINED AND WAS INVALIDATED FROM THE INDIAN ARMY ON 1ST MARCH, 1969. IT IS FURTHER CLAIMED THAT THE PETITIONER IS ENTITLED TO DISABILITY PENSION IN TERMS OF ARMY PENSION REGULATIONS PART-I, 1961 (APPENDIX-II) WHICH HAS BEEN ILLEGALLY DENIED TO HIM. THE PETITIONER CLAIMS TO HAVE SERVED A LEGAL NOTICE DATED 22ND NOVEMBER, 1999 CLAIMING ENTITLEMENT TO THE DISABILITY PENSION WHICH HAS NOT BEEN GRANTED. HENCE THE PRESENT WRIT PETITION. GITA MITTAL, J.

(2.) IN THEIR REPLY, THE RESPONDENTS HAVE NOT DISPUTED THE FACTUAL MATRIX. HOWEVER WHILE DENYING ENTITLEMENT TO THE DISABILITY PENSION IT HAS BEEN URGED THAT THE PETITIONER WAS ADMITTED IN THE MILITARY HOSPITAL, DEHRADUN ON 16TH APRIL, 1968 AND REMAINED ADMITTED THEREIN TILL 8TH JUNE, 1968. A MEDICAL BOARD WAS HELD AT THE MILITARY HOSPITAL, DEHRADUN WHICH OPINED THAT THE PETITIONER WAS SUFFERING FROM "ATROPHIC BULBI(RT)" AND HE WAS DOWN GRADED TO LOW MEDICAL CATEGORY CEE(PERMANENT). HIS FURTHER RETENTION IN THE ARMY SERVICE WAS NOT RECOMMENDED BY THE COMMANDING OFFICER AND THE PETITIONER WAS ALSO UNWILLING TO CONTINUE TO SERVE THE INDIAN ARMY. THE UNWILLINGNESS CERTIFICATE EXECUTED BY THE PETITIONER ON 30TH AUGUST, 1968 HAS BEEN PLACED ON RECORD. AS A RESULT, A DISCHARGE ORDER DATED 11TH SEPTEMBER, 1968 WAS ISSUED IN RESPECT OF THE SERVICES OF THE PETITIONER.

(3.) OUR ATTENTION HAS BEEN DRAWN TO THE PROCEEDINGS OF RELEASE MEDICAL BOARD WHICH WAS CONDUCTED AT THE MILITARY HOSPITAL IN DEHRADUN FROM 9TH OCTOBER, 1968 TO 11TH NOVEMBER, 1968. THE PROCEEDINGS AND FINDINGS OF THE MEDICAL BOARD HAVE BEEN PLACED ON RECORD BY THE RESPONDENTS. THE PETITIONER HAS GIVEN A STATEMENT ABOUT DIMINUTION OF HIS VISION SINCE 7 TO 8 YEARS PRECEDING THE MEDICAL BOARD. THE RELEVANT PORTION OF THE PROCEEDINGS(OPINION OF THE BOARD BEING ITALICIZED) WHICH IS NECESSARY FOR ADJUDICATION OF THE PRESENT MATTER IS SET OUT AS HEREUNDER:- 2. IN THE OPINION OF THE MEDICAL BOARD AND WITH REFERENCE TO THE EMERGENCY RULES(MIN. OF DEF LETTER NO.A/1927/AG/PS(A)/8848/PEN-C DATED 26 DEC 1962) IS THE DISABILITY DUE TO :- (A) DISEASE ATTRIBUTABLE TO SERVICE DURING THE EMERGENCY WEF 8-9-62 OR NO (B) DISEASE WHICH HAS BEEN AND REMAIN AGGRAVATED BY SUCH SERVICE DURING THE EMERGENCY NO 4. IF THE ANSWER TO (A) AND (B) OF QUESTION (2) ARE IN THE NEGATIVE, DO THE BOARD CONSIDER -