SUNIL KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner seeks the issuance of a writ of certiorari against the final judgment and order dated 8.2.2010 passed by the learned Armed Force Tribunal, New Delhi passed in T.A. No. 318/2010.

(2.) THE limited issue raised by the petitioner in the present petition under Article 226 of the Constitution of India is that the respondents have failed to accede to his request for grant of disability pension. The learned counsel for the petitioner states that the petitioner is entitled to the grant of disability pension as on the date of his medical examination, while entering into the Army, he was not found suffering from any disease much less the disease due to which he had been disallowed the disability pension. The learned counsel for the petitioner also submits that the petitioner was discharged from the Army on 18th April 1984 and he was not given an appointment and through constant correspondence with the Record Office, the petitioner was informed that since his disability was not attributable to the military service therefore he was not given any pension. Thereafter, the petitioner filed a Writ Petition being No. 1266 of 2006 before this Court and vide order dated 30th April 2008, directed the respondents to hold an appeal Medical Board.

(3.) THE learned counsel for the petitioner placed reliance on the judgment of the Apex Court in Civil Appeal No. 4949/2013 the case of Dharamvir Singh v. Union of India and Ors. : (2013) 7 SCC 316, wherein also the Hon'ble Supreme Court took a view that a member is presumed to be in a sound physical & mental condition upon entering service if there is no note at the time of entrance, that he is suffering from any kind of medical disease and in the event of subsequently being discharged on medical ground such a medical condition is to be presumed to be attributable to or aggravated by military service.