DHIRAJ LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner served in Assam Rifles between 20/5/1986 to 1/11/2006 and defended the borders of the country. When he lost vision in both his eyes he was discharged from service on medical ground, on 1/11/2006. His character has been certified as exemplary in the discharge certificate issued on 7/12/2006. Since, he has been denied disability pension, therefore, petitioner, has approached this Court seeking the following reliefs:-

(2.) It is submitted on behalf of the petitioner that at the time of his enrolment in Assam Rifles, he was a young healthy boy of less than 17 years of age. It is further submitted that petitioner was subjected to thorough medical/physical examination at the time of his enrolment and no note of any disability or disease was made by the Medical Board at the time of his acceptance for service in Assam Rifles. It is further submitted that ground taken by the respondents for disallowing petitioner's claim for disability pension is not acceptable for the reason that petitioner acquired the disability after rendering exemplary service of more than 20 years, which would not have been possible, if petitioner suffered from any disease/deformity at the time of his entry into service.

(3.) Learned counsel for the petitioner submits that serviceman in Army/Para Military Forces are subjected to medical examination at regular intervals to ensure that only those, who are mentally and physically fit are given the combat duties. She further submits that as per the medical certificate issued by Chief Medical Officer, Dehradun, petitioner's visual disability is to the extent of 100%. She further submits that since it is a permanent disability, therefore, petitioner needs an attendant throughout his life to look after him.