EX SEP WMAN LILU RAM Vs. UOI

JUDGEMENT

(1.) The petitioner has approached this court under Article 226 of the Constitution of India praying that the letters issued by the respondents dated 28th June, 1968 and 16th March, 2004 wherein the petitioner was denied the disability pension, be quashed and the respondents be directed to grant to the petitioner disability pension with 40% disability. He also prays that the arrears of pension be also directed to be paid with interest @ 12% p.a.

(2.) The facts as they emerge from the record are that the petitioner was enrolled in the regular Army as a Sepoy Washerman on 9.12.1963. It is the case of the petitioner that he was not suffering from any disease at the time of his enrollment and was subjected to strict medical and physical standards as per army rules. The petitioner was posted in a field unit where he developed some health problems in March, 1967 and was treated at different places. As per the report of the medical board, the petitioner was found to be ailing from the disease of Schizophrenia Reaction. The board further recommended the petitioner to be invalided out of service with 40% disability. On 24.9.1967 as the Commanding Officer could not provide a sheltered appointment to the petitioner, discharge of the petitioner was sanctioned and case of the petitioner was recommended for grant of disability pension @ 40%. It is further the case of the petitioner that the disability pension claim was forwarded to CDA (P) for release of the pension but the same was rejected by the said authorities as the disease of the petitioner was said to be neither attributable to nor aggravated by military service. The petitioner claims that he had been approaching the respondents for grant of the said relief right from 1968 till 1998 and on 16th December, 2002, he submitted a notice of demand to the respondents. As no reply thereto was received, the petitioner filed a CWP No. 1685/2003 which was allowed by the court in terms of the judgment of this court in the case of Ex. Ct. Jasbir Singh v. UOI and others, CW 5166/2000, decided on 6th March, 2003, wherein the respondents were directed to consider the case of the petitioner in accordance with rules. Vide letter dated 16.3.2004, the respondents again informed the petitioner that the petitioner was not entitled to the prayed relief. The petitioner again filed a writ petition in this court being WP No. 8073/2004 which was disposed of vide order dated 14th May, 2004 issuing a direction to the respondents to supply documents to the petitioner. In furtherance to this order of the court, the documents were supplied and the petitioner has filed the present writ petition.

(3.) Vide letter dated 06th January, 2005, the photocopies of the invaliding medical board proceedings i.e. AFMSF-16 dated 17th July, 1967 and AFMSF-17 dt. 22nd July, 2003 were supplied to the petitioner. The order impugned in the present writ petition dated 16th March, 2004 reads as under:- MOST IMMEDIATE/COURT CASE REGISTERED BY POST Sena Chikitsa Corps Abhilekh Army Medical Corps Records, Lucknow- 2 Tele Mil : 6430 R/13902271/DPR/-1 No. 313902271 Ex. Sep Lilu Ram Vill.-Jamawari, Post " Jamawari Tehsil " Hansi, Distt. Hissar (Haryana) IMPLEMENTATION OF COURT ORDER DATED 06 MAR 2003 PASSED BY HON'BLE HIGH COURT OF DELHI AT NEW DELHI IN CWP NO. 1685/2003 FILED BY NO. 13902271 EX. SEP LILU RAM VS. UOI AND OTHERS.