RAVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in O.P No. 2026 of 1993 has preferred this Writ Appeal against the judgment dated 6.1.1997 rendered by a learned single Judge of this Court. By the impugned judgment, the learned Judge dismissed the writ petition wherein the petitioner, an Ex - military personnel prayed for a direction to the respondents - Union of India and others - to grant disability pension under the relevant rules.

(2.) The petitioner joined in the Artillery Regiment of the Military service as a Gunner on 1.10.1980. He was discharged from service with effect from 27.7.1989 on the ground that he was unfit to continue in service as he suffered from 'Generalised Seisures'. The petitioner / appellant claimed disability pension and made representations to various authorities of the department. Ultimately, his representations and appeals to the higher authorities for grant of disability pension were rejected. It is contended by the appellant that he has suffered from the said disease while serving in the Army and it is attributable to military service.

(3.) In the counter affidavit tiled by the Senior Record Officer, Artillery Records, on behalf of all the respondents, it is stated that the disability namely 'Generalised Seisures' from which the petitioner suffered while rendering his service in the Army and on which his invalidment is based is nor attributable to military service. It does not fulfil the condition, namely, 'it existed before and has remained aggravated thereby'. It is stated that for the above reasons disability pension is inadmissible. However, an amount of Rs. 7,990/- on account of invalid gratuity and Rs. 6,345 on account of DCRG and a sum of Rs. 717/- on account of M.O. had been paid.