MOHINDER SINGH EX SEPOY Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B. had been issued in the present case on 26.9.1995 and the matter was directed to be listed on 1.2.1999. Counsel for the parties were heard and judgment was reserved. The matter was renotified for seeking clarifications on certain aspects on which counsel for the parties were again heard on 19.2.1999.

(2.) Petitioner is aggrieved by the rejection of his claim for disability pension. Petitioner seeks a direction in the nature of mandamus to direct the respondents to grant disability pension with effect from 12.1.1989 alongwith interest on the arrears.

(3.) Petitioner was enrolled as a combatant soldier in the army on 26.12.1981, after undergoing a medical examination. Petitioner's case is that due to rigours and hazards of military service life, ho developed a stomach disease in 1986 and was treated for the same in the military hospitals. Petitioner was found to have been suffering from "bladder neck obstruction" resulting in the thinning of urine stream. The Urologist of Army Hospital after investigation and test found it to be a case of organic bladder obstruction. The surgery of bladder neck obstruction was withheld and not recommended on account of fear of .retrograde ejaculation and young age of the petitioner. Petitioner was placed in lower medical category and, subsequently, was recommended for being invalidated out of service by the Medical Board. Petitioner was on leave before discharge, when he met with an accident with the door of the bus and his right-hand finger was crushed, which was later on operated in the military hospital, Delhi Cantt. Petitioner was invalidated out of service with effect from 12.1.1989 after being placed in low medical category (EEE-P) and having been found medically unfit for further service under Rule 13(3) of the Army Rules. The diseases being "organic bladder neck obstruction" and "fracture proximal phalanx right index finger". The Medical Board constituted on 19.12.1988 at Military Hospital, Jabalpur, assessed the disability of the petitioner at less than 20 per cent. While the disability on account of bladder neck obstruction was assessed at 15 to 19 per cent, the disability on account of fracture proximal phalanx right index finger was assessed at 6 to 10 per cent.