MADHUSOODHANAN, P Vs. UNION OF INDIA (UOI),

JUDGEMENT

(1.) A soldier who fought for this country has been forced to approach this Court to get what is rightly due to him by way of disability pension. The petitioner entered Army service on 02.09.83. After putting in a little less than 15 years of service, in July 1998, he put in an application for voluntary retirement from Army service. The said application was not considered. Instead, he was transferred to a field area, in Jammu and Kashmir on 31.03.2000. While he was working so, he contracted a disease in his right eye. He was admitted to a hospital in Jammu and Kashmir. But the ailment could not be cured. He was discharged from that hospital on 14.05.2000 and was admitted to another military hospital on 15.05.2000 and discharged from there on 24.06.2000. By Exts.P2 and P3 he was put in a lower medical category and was recommended for discharge with both service and disability pension. Petitioner would contend that without disclosing these military records to the petitioner, by Ext.P4 certificate it was certified that the petitioner has been discharged from service "on compassionate/medical grounds after completion of reasonable service in the Army". Although the petitioner was given service pension disability pension was not sanctioned to him. Petitioner put in an application for disability pension also. By Ext.P7 order the petitioner was informed that he was discharged from service on 01.08.2000 on his own request and not on medical ground and therefore he is not eligible for disability pension. Petitioner again represented and he was rewarded by Ext.P8 order repeating the same with an admonition against "infructuous correspondence" again. Although petitioner filed various other representations, he did not get any reply. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

(2.) TO issue a writ of mandamus order or direction commanding the respondent to grant to the petitioner the pension due to the disabled Military personal discharged from service due to the illness.

(3.) TO consider and dispose of Ext.P9 appeal filed by petitioner before the second respondent.