PETER GEORGE THOTTAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is an ex-service man. He has joined in the Indian Air Force on 18/9/1956 and had been discharged from service on medical grounds on 4/10/1966, thus having to his credit more than ten years of service. His claim is that his application for invalid pension, has not been considered and by Ext.P4 dated 12/1/1999, his claims had been rejected. It has been pointed out that records are not maintained after 25 years and his application came after a period of thirty years and therefore it was practically impossible to consider his application with any amount of certainty. Prima facie, the approach, indeed, is understandable.

(2.) Sri.Anil Kumar appearing for the petitioner submits that invalid pension could not have been denied, and especially taking note of the condition of the petitioner, since he was afflicted by mental sickness and the case deserved relaxed standards. He had also relied on a decision of this Court in O.P.No.12684/1991, where in almost similar circumstances, when the application had been rejected as belated this Court had directed pension to be paid to the retired employee and with slight modifications in W.A.No.1271/1992, the order had been upheld.

(3.) I had heard the Additional Central Government Standing Counsel for the respondents. With reference to the counter affidavit filed, he had submitted that it was a case where the petitioner had no plea that his discharge was due to any cause arising out of military service or aggravated by such service. Reference had been made by Ext.R2 and particularly, para 7(c) thereof, which is extracted herein below:-