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 133 Item No. IIIiii of Army Rules 1954 by a duly constituted Invaliding Medical 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 : 'DISABILITYPENSION Rejection Of After a careful consideration of your case it has been intimated by the Cda P Allahabad that the disability which resulted in your invalidment : i' is not attributable to Military service; ii does not fulfill the following conditions, namely that it existed before or arose during Military service and has been or remains aggravated thereby. 2. No disability pension is, thereforee, admissible to you under the existing rules. 3. A sum of Rs. 1161.55 Rs. one thousand one hundred sixty, one and paise fifty five only has been sanctioned to you as invaliding gratuity. The same is being remitted to you by Money order in due course. 4. A sum of Rs. 669.30 including Mo commission has also been sanctioned to you, as Dcr GTY. The same is being remitted to you by Mo in due course.'