RAJPUT PRAHLADSINGH SHRISAWAEESINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has claimed Army Group Insurance Scheme benefits from the respondents. The petitioner was recruited in the Army on 19th July 1989. However, shortly thereafter, by an order dated 10th April 1990, he was invalidated from Army service on medical grounds due to pulmonary tuberculosis with 100% disability. It was the opinion of the medical authorities that the disease was not attributable to military service but got aggravated on account of training. The petitioner was paid his credit balance. He was also sanctioned basic pension of Rs. 375/- per month for life and disability pension of Rs. 450/- per month. He, however, claims Army Group Insurance Scheme benefits. His case was forwarded to the concerned authorities. His claim was, however, rejected by the order dated 15th October 1990 stating that disability existed before his enrollment and the petitioner therefore is not eligible for such benefits. His case was reconsidered but turned down once again.

(2.) THOUGH called out thrice, no one was present for the petitioner. I have perused the pleading on record and heard the learned advocate Shri Purvish Malkan for the respondents.

(3.) A detailed affidavit-in-reply has been filed by respondent No. 1 stating the grounds for non-payment of benefits. No rejoinder has been filed to this reply. It can thus be seen that the disease which rendered the petitioner disabled for Army service was carried by him before his recruitment and the same therefore could not be attributed to Army service. In view of this uncontroverted position, no interference is necessary. The petition is therefore dismissed. Rule is discharged.