JASWANT SINGH (EX SAILOR) Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Regular Navy as a Combatant Sailor on 29th December, 1976 and at that time he had no disease. The petitioner started having health problems and was diagnosed as a case of "adjustment disorder with depressive reaction", which is a psychiatric disease. The petitioner was firstly placed on a low medical category and subsequently on a permanent low medical category. He was brought before a Medical Board and the Medical Board recommended the petitioner to be invalidated out of service. The petitioner was sanctioned disability pension and was discharged from service with effect from 8th December, 1983. The disability pension claim of the petitioner was submitted to CDA(P), Allahabad on 26th May, 1984 for allotment of pension pay order and release of funds. However, the CDA(P), Allahabad rejected the disability claim of the petitioner vide its letter dated 13th August, 1984 but the petitioner never received the above-said rejection order.

(2.) Thereafter, the petitioner filed a writ petition being WP(C) No. 8350/2003 before a Division Bench of this Court. The same was allowed vide order dated 5th March, 2004 The relevant portion of the aforesaid order is reproduced as follows:

(3.) However, respondent No. 3 vide its letter dated 28th July, 2004 refused to grant disability pension and gave reasons for such refusal in para Nos. 9 and 10 thereof, which are reproduced as under: