DESAI TEJMAL RAMSING Vs. MINSTRY OF DEFENCE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of the respondent authority rejecting the claim of disability pension.

(2.) The petitioner joined the services in Army in Signals Regiment on 14.2.81, upon recruitment and appointment made by the respondent authority through the Ahmedabad Recruitment centre, in the cadre of radio mechanic after undergoing all the formalities for selection, including medical check up and fitness. It is also his case that on joining the Signal Regiment, he was sent for training at Goa, where, he had undergone rigorous basic physical training for the period commencing from February 1981 to August 1981 and that he, successfully, could complete the said training. He was, also, required to undergo the trade training, like that, Radio Mechanic, for a period of one and half year, at Goa. During the course of his training, he was required to be admitted in Command Hospital, at Pune in January 1983 for generalised epilepsy.

(3.) It is the case of the petitioner that he had put in total period of service in the Army of about two and half years and during the course of rigorous training, he became victim of disease of epilepsy. He, also, underwent medical treatment as indoor patient in the Army hospital for one and half month. On account of the epilepsy, he came to be discharged from the Army service on 19.7.83 by exercising he powers under Rule 13(3)III(iii) of the Army Rules, 1954, as a result of which the petitioner made representation to the respondent authority for disability pension. He was informed by letter dated 28.2.84 by the respondent No.2 that the disability pension case is likely to be finalised within a period of four months. According to the petitioner, he was informed about the rejection of his claim for disability pension by letter dated 31st August, 1988, copy, whereof, is produced as at, Annexure D to this petition.