VIRENDER SINGH BHATI Vs. UNION OF INDIA

JUDGEMENT

(1.) Counsel for the parties say that the pleadings are complete and matter may be heard today'.

(2.) the petitioner has challenged the legality and validity of the order annexure P-2 dated 17.1.1992 rejecting this claim for the disability pension and has sought direction against the respondents to grant him the disability pension w.e.f. 28.9.1990 with all other consequential reliefs.

(3.) Petitioner was enrolled in the Indian Air Force on 30.3.1988 after he was declared fit by the competent medical authority', he was invalidated and medically boarded out with effect from 26.9.1990. He was found to be disabled due MITRAL VALUE PROLAPSE WITH MODERATE MITRAL REGURGITATION 394 with 30% disability' for two years. Petitioner, thus, had put in a total of 2 years and 181 days service at the time of discharge. His case for disability pension was taken up with the Chief Controller of Defence Accounts (Pension), Allahabad on 7.6.1991 through Deputy- Controller Defence Accounts (AF), New Delhi and it is the respondents case that after due consideration by CCDA(P), through dated 24.10.1991 the case for grant of disability' pension was rejected as the disease from which the petitioner suffered, during service in Air Force, was stated to be neither attributable, nor aggravated by the Air Force service. It is alleged that the decision was conveyed to the petitioner on 17.1.1992, who was advised to prefer an appeal in case he felt aggrieved against the said order. Instead of preferring an appeal,m the petitioner filed this writ petition. Petitioner w as paid only a sum of Rs.2,400.00 on account of Invalid Gratuity'.