B RAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner entered service of the Indian Army on 09/09/1983 as a Vehicle Mechanic. He suffered disability attributable to army service to the extent of 30%, as a result of which was put in a lower medical category. He was discharged from army service on 31st July, 1999. He is receiving service pension. He applied for pension in respect of the disability element also, which has not been allowed on the ground that the petitioner was discharged from service on his own request and therefore, he is not eligible for disability pension.

(2.) The petitioner has filed this writ petition seeking the following reliefs:

(3.) The contention raised in the counter affidavit also is that the petitioner is not eligible for disability pension, since the petitioner was discharged from service on his own request. According to the respondents, persons who obtained discharge on their own request are not eligible for disability pension. Only persons who are invalided out of military service are eligible for disability pension is the contention raised. Although, in Ext. P1, it has been stated that the petitioner has been discharged from service because of unwillingness to accept alternate employment, in the counter affidavit, it is admitted that the same was a wrong entry on account of affixing a wrong seal.