EX GC RAGHAV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner prays for the issuance of a writ in the nature of mandamus directing the Respondents to release 25 per cent Disability Pension or release the service element of Pension in favour of the Petitioner. The prayer for disability pension, however, has not been pressed before us by learned counsel for the Petitioner since the Report/Findings of the Medical Board are akin to those recorded in CW 12460/2005. Arguments were restricted to the release of the service element of pension.

(2.) The facts of the case are that the Petitioner was selected as a Technical Graduate for direct entry into the Indian Military Academy (IMA), Dehradun on 3.6.2003. It has been highlighted that the Medical Board, which examined the Petitioner, did not make any note in the Medical Enrollment Form of the existence of any disease. The Petitioner joined the IMA on 10.7.2003. It has been incorrectly mentioned in the Petition that from October, 2003 the Petitioner started having health problems and he reported to Medical Authorities in the Army for treatment. It is, however, correct that the Petitioner was diagnosed as suffering from Acyanotic Heart Atrial Septal Defect. The Petitioner, who is a Cadet, was invalidated as being low medical category 'EEE' on 22.10.2003.

(3.) Learned counsel for the Petitioner has relied on Regulation 423 (c) of the Regulations for the Medical for Services of the Armed Forces, 1983 dealing with "Attributability to Service" which reads as follows:-