SURESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri A.K. Sharma. learned Counsel for the petitioner and Sri V.B.S. Negi. Assistant Solicitor General, for respondent Nos. 1 and 2, learned standing Counsel for the State of Uttaranchal.

(2.) By means of this writ petition, the petitioner has prayed for the issue of a writ in the nature of Certiorari quashing the order dated 11.10.1999 passed by Appellate Authority and the order dated 23.7.1998 passed by the Pension Sanctioning Authority i.e. respondent No. 4 by which the claim of the petitioner so far as the disability pension is concerned has been rejected.

(3.) Briefly stated the petitioner was joined Army Service at the age of 19 years in Kumaon Regiment at Ranikhet. The petitioner was summoned by Kumaon Regiment Training Officer, GSO, (Trainee) and physical test was taken which the petitioner successfully passed and thereafter the petitioner was medically examined and he was also called to appear in the written examination on 25th July, 1993 by the Training Officer of the respondent No. 2 and on 29.7.1993 petitioner was directed to report to the Army Centre. Petitioner having qualified all the tests and on 12.8.1993 he was finally enrolled in the Army as Infantry Soldier General Duty. Thereafter, the petitioner has also applied for training for six months and he started drawing salary. During the course of employment he suffered trouble in his limb and the matter was referred to Training Authority and the petitioner was got examined by the doctors of Military Hospital at Ranikhet and on the basis of medical report petitioner was invalidated out from army service and was discharged on 19.2.1995 as a case of Myokimio of Lower Limb. The petitioner was discharged from Army service, he has claimed for disability pension. The Record Officer on 23.5.1996 has passed the order that the disability claim is still under consideration with the pension sanctioning authority. Relevant order is quoted as under: