LAWS(DLH)-2006-11-40

RAGHBIR SINGH Vs. UNION OF INDIA

Decided On November 16, 2006
EX. SEP. RAGHBIR SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this writ petition running into two pages, the petitioner claims that order dated 25th February, 2004 passed by the respondents be quashed and they be directed to pay to the petitioner disability pension with effect from 21st May, 1985 along with arrears and interest.

(2.) According to the petitioner, he had earlier filed a writ petition bearing No. WP(C) 5283/97 praying for quashing of order dated 12th September, 1994. Vide order dated 6th March, 2003, the respondents were directed to consider the case of the petitioner and pass a speaking order after examining the question of attributability. However, the respondents vide order dated 25th February, 2004 had declined the request of the petitioner. The said order reads as under :- <FRM>JUDGEMENT_1411_ILRDLH15_2006Html1.htm</FRM>

(3.) According to petitioner, he was suffering from 30% disability as a result of fracture, which he suffered in a road accident, while in service. Thus, the petitioner was entitled to grant of disability pension as his disability was in excess of 20% and the injury was attributable to military service. We have referred to above order so as to bring on record the basic facts giving rise to filing of the present petition.