PROMOD KUMAR Vs. UOI

JUDGEMENT

(1.) IN this Writ Petition it has been prayed for the quashing of the Order dated 30. 6. 2004 of the Bureau of Sailors, Mumbai, authored by the Staff Officer (Pension ). The disability suffered by the Petitioner during his service in the navy had been rejected on the ground that it had not been sustained while on duty. The Petitioner also prays that a writ of mandamus be issued directing the respondents to release disability pension to the Petitioner with effect from 1. 6. 2004 together with interest at the rate of 18 per cent per annum.

(2.) WE may also note that the impugned Order dated 30. 6. 2004 informed the petitioner that an Appeal should be preferred against it within six months. No appeal has been filed and it is for this reason that a threshold Objection has been taken against the maintainability of the writ petition.

(3.) THE Petitioner joined the Indian Navy on 5. 5. 1989 as an MER. Promotion was declined to him as he had been placed on low medical category owing to a 'displaced fracture of medial hallocolus (RT) Foot" vide an Injury Report dated 12. 2. 1998. The Writ Petition itself recites that the petitioner had suffered this injury as a consequence of the skidding of his motorcycle to save a cycle and due to break fail. Paragraph 3 of the Petition narrates that a Court of inquiry was not held and that the Medical Officer had opined that - "the injury occurred in peace area and is not attributable to military service". This view was concurred with by the OC Unit. Annexure P1 is the "report on Accidental and self Inflicted Injuries " Officers". It contains a declaration of the Petitioner that the injury sustained by him on 1. 2. 1998 did not occur while he was in the performance of military duty; that it did not constitute an offence triable under the disciplinary code applicable to him; that the accident did not occur during his journey or transport from his quarters to or back from an appointed place of duty. This Report is dated 12. 2. 1998 and is, therefore, a contemporaneous document. It is trite that admissions in pleadings are most conclusive on any aspect of a controversy.