PHUL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner an ex-gunner has filed this writ petition on 14-2-1994 seeking a direction to the respondents to release the disability pension to the petitioner w.e.f. 11-8-71 and quashing the impugned order dated 18-8-1990 (Annexure-PU) whereby the petitioner's claim for disability pension was rejected.

(2.) It is not disputed that ex-gunner Phul Singh (1181704) was enrolled in the Regiment of Artillery on 19-12-62 and was recommended the invalidment out of service w.e.f. 10-8-71 due to invaliding disability NEUROSIS (300). This was done under Rule 13(3) Item No. III(iii) of Army Rules 1954 by a duly constituted Invaliding Medifcal Board arranged for him at Command Hospital (Central Command) Lucknow. No family pension was released or sanctioned to the petitioner.

(3.) Vide letter dated 9-10-71, the petitioner was informed of his claim for disability pension having been rejected. The Communication (Annexure P-2) clearly stated :