EX NK SINGHESWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled in the regular Army on 3. 11. 1983. The petitioner was placed in low medical category P-2 (Permanent) w. e. f. 2. 11. 2001. The medical category of the petitioner did not improve and thus the petitioner sought discharge from service due to his medical condition w. e. f. 31. 3. 2002. The petitioner was not granted disability pension on the ground that since he had himself proceeded on premature retirement he would not be entitled to the disability pension.

(2.) THE petitioner served a legal notice dated 20. 1. 2009 to release disability pension. This notice was replied to on 28. 4. 2009 by the Dte. Gen. of Infantry (legal), GS Branch, headquarters of the Ministry of Defence (Army) rejecting the claim on the same ground of the petitioner being disentitled on account of his having sought premature retirement. The petitioner has, thus, filed the present writ petition.

(3.) WE took up the writ petition on 25. 5. 2009 and pointed out to learned counsel for respondents 1 to 4 that the issue was no more res integra and that we had been compelled in various proceedings filed by various petitioners on account of this attitude of the respondents to comment on it as pensioners were being compelled to come to court to seek redressal of their grievances even though this ground having sought retirement themselves would not deny pensionary benefits. Despite this fact the counsel for the respondents insisted that they will have to file a counter affidavit and examine this matter though we were inclined to grant relief to the petitioner in view of the settled legal position.