HOSHIAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as a Combatant Soldier in the Indian Army on 9th November, 1977. At the time of his entry and even subsequent thereto, he was subjected to strict medical and physical standards of the Force and was always found fit. At no point of time, any adverse entry was recorded in his service record. After completing his basic military training, he was posted to a field unit. He served in different places - in field as well as in peace areas. However, the petitioner started having some health problems and was brought before the Medical Board. The Medical Board found the petitioner ailing from the disease called 'Tonic Colic Epilepsy' for which he was treated but could not be cured. The petitioner then was subjected to an Invaliding Medical Board where it was recommended that the petitioner be invalided out of service and his disability was stated to be 20 per cent in low medical category 'EEE'. Resultantly, the petitioner was discharged from service on 29th June, 1981.

(2.) Having been released from the Army, the petitioner's claim for disability pension, which was submitted to the CDA (P), Allahabad was also declined on the ground that the disease from which the petitioner was suffering and was invalided out of service was neither attributable to nor aggravated by military service. This was informed by the respondents vide their letter dated 31st July, 1981. The petitioner being dissatisfied with the said Order preferred an appeal on 12th January, 1982 to the Appellate Committee. His appeal was also rejected by the Ministry of Defence vide their letter dated 6th February, 1984. The petitioner waited for a while and again preferred second appeal which met the same fate resulting in the filing of the present Writ Petition.

(3.) According to the petitioner, the disease suffered by the petitioner was attributable to and aggravated by military service and his disability being more than 20 per cent, he satisfied all ingredients of disability pension and as such, was entitled to grant of disability pension. The petitioner further claims that he has been writing various letters to the Army Authorities praying for grant of the said benefit but of no consequence. Some of these letters dated 16th December 1985, 15th June 1985, 11th November, 1986, 21st August, 1987, 11th January, 1988 etc., have been mentioned by the petitioner, as contained in paragraph 11 of the writ petition.