KANAIYALAL DAHYABHAI PATEL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Kanaiyalal Dahyabhai Patel challenges the order of the respondents discontinuing his disability pension --------------------------------------------------------- Whether Reporters of Local Papers may be allowed to see the Judgment? vide orders dated 17-11-1995 and 03-11-1997. He states that he hails from a poor family with aged parents, wife and children depending upon him, got into Indian Air Force on November 6, 1977 after having been found physically fit in the medical check ups and fitness tests. During the course of training, he underwent rigorous basic physical and trade test training. In January 1979, he was transferred to Air Force Station, Chandigarh. During this period, he was subjected to medical tests, and found fit in all respects. He had fallen sick in May 1979. He was admitted in Military Hospital, Chandigarh. Thereafter, he was transferred to Military Hospital, Delhi Contt., and to Military Hospital C.T.C Pune, for further treatment. This way, he remained under treatment in various Military Hospitals from May 1979 to June 1980. The respondent constituted Medical Board to assess petitioner's medical disability. According to Dr.Major K.M.Krishnarao, Urologist CH (SC) Pune, the petitioner's case is radiologically and bacteriologically confirmed pulmonary and urinary tract tuberculosis, therefore, he is unfit to make an efficient soldier. The disease was attributable to and contracted during service. Finally, the petitioner was boarded out of service on 24-12-1980 on the basis of medical report under Rule 15, Clause 2(c), Chapter III of Indian Air Force Rules, 1969.

(2.) The petitioner was granted disability pension for life from 13-07-1980 @ Rs.132.00 per month, which demonstrates the seriousness of the ailments the petitioner suffered from. Thereafter, re-surveys were conducted from time to time, and finally on 13-07-1995, the petitioner is stated to have less than 20% disability. Accordingly, the disability pension has been stopped with effect from 15-07-1995 by order dated 17-11-1995. The petitioner appealed on 08-12-1995 against the decision dated 17-11-1995, which also came to be rejected by order dated 03-11-1997, and the petitioner was informed accordingly.

(3.) The petitioner, therefore, has challenged the decision of the respondents in this petition. The Respondent-4 filed affidavit-in-reply on January 28, 1999, affirmed by Lt.Col.P.K.Das, Classified Specialist Dermatology. The petitioner has filed rejoinder to the reply of Respondent-4.