V SAMPATH Vs. OFFICER INCHARGE

JUDGEMENT

(1.) THE above writ appeal has been filed against the order of the learned single Judge, dated 25. 7. 2001 made in W. P. No. 4028 of 1995, in and by which, the learned Judge after finding that the claim made in the writ petition is a belated one and that on merits also, there is no material on record to establish that the disability suffered by the petitioner is due to the military service, dismissed the writ petition filed by the petitioner claiming disability pension.

(2.) FOR the sake of convenience, in this judgment, we shall refer the parties in the order as they were arrayed before the learned single Judge.

(3.) THE writ petitioner, an ex-serviceman was appointed as a Sepoy-cum-Driver in Defence Services on 02. 3. 1978. As he was found unfit by the Medical Board to be retained in service on the ground that he had been suffering from a disease, by name, Neurosis, he was discharged from service on 15. 9. 1985. On a complaint that the petitioner had been suffering from Neurosis, he was examined by the Medical Board, which found that the petitioner had been suffering from Neurosis and recommended for his discharge. The petitioner claimed disability pension, which was refused by the Controller of Defence Accounts (Pension), Allahabad and on appeal, the Ministry of Defence by the order, dated 27. 6. 1988, confirmed the orders passed by the Controller of Defence Accounts (Pension), Allahabad and rejected the appeal. Thereafter, the claim of disability pension made by the All India Pension Association, Ambattur, Chennai-53 on behalf of the petitioner, by way of appeal, was also rejected by the order, dated 30. 4. 1991. Aggrieved by the same, the petitioner filed W. P. No. 4028 of 1995 praying for quashing of the proceedings, dated 30. 4. 1991 of the Officer-in-Charge, Sena Seva Corps Abhilekh Yantrik Parivahan ASC Records (MT), Bangalore, the first respondent herein and also for a direction to the respondents to sanction disability pension due for his Army Service from 16. 9. 1985. The said claim was resisted by the Department by filing counter, wherein it is stated that first of all, the writ petition is to be dismissed on the ground of laches, and secondly, there is no material to show that the petitioner sustained disability, which is attributable to or aggravated by military service. By the order, dated 25. 7. 2001, the learned Judge accepted both the objections raised by the Department and dismissed the writ petition. Hence, the present writ appeal.