SEPOY JITENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army as a Sepoy on 9.10.1984. According to him he was subjected to careful medical examination by the Reporting Medical Officer and was found free from any kind of disease or illness at the time of his enrollment. On 10.2.1987 the petitioner was invalided out of service being placed in Low Medical Category due to the disease - Essential Hypertension with 20% disability. But the same was said to be not attributable to or aggravated by the military service. The claim of the petitioner for grant of the disability pension was denied by the respondents. Against the said rejection, the petitioner filed a statutory appeal but the same was also rejected vide order dated 27.12.1991 on the ground that the same has been made after the lapse of six months and as such could not be entertained. The petitioner, thereafter, filed a writ petition in this Court being Civil Writ Petition No. 8248/2004 which was disposed of by a Division Bench of this Court vide order dated 21.5.2004 The said order reads as under:-

(2.) Thereafter, the case of the petitioner was considered by the respondents and vide a speaking order dated 18.3.2005, the case of the petitioner for grant of disability pension was again declined, as the I.D Essential Hypertension was stated to be neither attributable to nor aggravated by the military service. The petitioner served a notice upon the respondents on 4.9.2006 and then filed the present writ petition claiming the disability pension and prayed for setting aside of the order dated 18.3.2005.

(3.) The respondents have filed a counter affidavit wherein the same stand has been taken. The Appellate Authorities had also taken the same view and according to the respondents the disability of the petitioner is neither attributable nor aggravated by the military service.