KULDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is for the second time that the petitioner has approached this Court under Article 226 of the Constitution of India claiming relief that the order dated 13.8.1997, Annexure P6 to the writ petition, be quashed and the respondents be directed to grant the disability pension to the petitioner with effect from 9.3.1994.

(2.) According to the case pleaded by the petitioner, he joined the Indian Navy on 11.1.1986. At the time of his entry into service, he was found medically and physically fit in all respects and was in Shape-I. The Invaliding Medical Board was held on 4.2.1994 and on 9.3.1994 the petitioner was invalided out from service on medical grounds. By that time, the petitioner had already put in more than 8 years of service. The Invaliding Medical Board assessed the disability of the petitioner at 40%. In 1997, the petitioner was informed and paid a sum of Rs.30,000/- on account of disability and survival benefits from Naval Group Insurance Fund but the petitioner was not granted disability pension nor any reasons were communicated to the petitioner. The disability claim of the petitioner which was forwarded to the pension authorities was declined and thereafter the respondents forwarded a letter dated 9.10.1995. However, the same was also rejected. The petitioner preferred an appeal against the order of rejection on 13.8.1997 which was again dismissed by the authorities by passing a cryptic order. The petitioner was found to be suffering from ?Maniac Depression Psychosis and Seizure Disorder? which according to the petitioner are the diseases attributable to and/or aggravated by the military services. The disability being more than 40%, the petitioner is entitled to receive the disability pension.

(3.) Despite grant of number of opportunities, the respondents failed to file any counter affidavit. They were directed to produce records, which were produced before the Court during the course of hearing. The medical records produced by the respondents could usefully be referred to at this stage and the same reads as under:-