BHAGIRATH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ of mandamus calls in question the impugned order dated 23.7.1996 passed by the Record Officer (respondent no.3.) dismissing his claim for invalid pension. The petitioner has also sought for directions to the respondents to re-consider his case for grant of invalid pension to him w.e.f. the date of his discharge i.e. 3.1.1991 and to grant him invalid pension from the said date with arrears together with interest.

(2.) The brief facts of the case are that the petitioner was initially enrolled in the Kumaon Regiment on 12.11.1969 and was discharged from there on 10.6.1973 (AN) under Rule 13(3) Item III (iv) of Army rules, 1954 at his own request on extreme compassionate grounds after rendering 3 years and 211 days of service. Thereafter he was re-enrolled in Defence Security Corps (in short 'DSC') on 3.1.1981 and discharged from there on 3.1.1991 (AN) under Rule 13(3) Item III (i) of Army rules, 1954 on completion of his term of engagement. The former service of 3 years and 211 days rendered by the petitioner with the Kumaon Regiment was counted with DSC. He had, thus, rendered an aggregate qualifying service of 13 years and 240 days in both spells for which he was paid a sum of Rs.13,095/= on account of Service Gratuity and Rs.8973/= on account of Retirement Gratuity as per orders then existed.

(3.) The petitioner being in low medical category was brought before Release Medical Board (RMB) held on 13.9.1990 in INHS Asvini, Bombay to assess his medical condition before discharge on completion of normal term of engagement. The Release Medical Board after physically examining him placed him under low medical category 'C' (permanent) and opined that his disease was a constitutional disorder and was neither attributable nor aggravated by military service.