PACHAMMAL Vs. GOVERNMENT OF INDIA MINISTRY OF DEFENCE

JUDGEMENT

(1.) (Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to pay a compensation of Rs.10 lakhs for causing the death of my husband on account of premature discharge from service and up to his death i.e. from 23.5.1970 to 11.6.1973 and family pension to the petitioner from the date of his death till date with all the arrears payable to the Petitioner.) The Petitioner seeks issuance of a Writ of Mandamus directing the Respondents to pay a compensation of Rs.10,00,000/- for the death of her husband on account of premature discharge from service and award disability pension to her husband Munusamy and also award family pension to her.

(2.) FACTS which led to the Writ Petition are as follows:- 2.1. Petitioner's Husband Sep.1283657 Munusamy was enrolled into the Army on 13.12.1965. In the Army, he fell sick and on 23.5.1970 he was admitted in the Military Hospital Panagarh for treatment of ailment diagnosed as "obstructive Jaundice". He was later transferred to command Hospital, Calcutta, for recategorisation and the Calcutta Hospital discharged him on 17.6.1970 placing him in the low medical category "CEE" temporarily for one year. But the Petitioner's Husband Munusamy was discharged from army service with effect from 12.12.1970 i.e. after 4 years and 364 days. During his life time, the said Munusamy made repeated request for disability pension. He died on 11.6.1973 leaving the Petitioner and one crippled son and one daughter as dependents. 2.2. According to the Petitioner, the disease 'obstructive Jaundice' is a curable disease, which could have been cured completely if treated properly. According to the Petitioner, her husband - Munusamy was entitled for review by Medical Board to revalidate his medical category, which was unjustly denied to him on account of hasty and sudden discharge from service and she claims a compensation of Rs.10,00,000/-. For discharging her Husband from service in an unhealthy condition which led to his early demise and thus rendering the Petitioner helpless.

(3.) ADMITTEDLY, the Petitioner's Husband was enrolled in the Army on 13.12.1965 at the age of 18 and was discharged on 12.12.1970. On 23.5.1970, Munusamy was admitted in Panagarh Hospital where he was diagnosed for 'obstructive jaundice'. He was discharged on 29.5.1970 and transferred to command Hospital, Calcutta. He was admitted in the command Hospital, Calcutta on the same day i.e. 29.5.1970 where he was taking treatment till 19.6.1970. He was discharged on 19.6.1970 and at the time of discharge recommended " Placed in Med.Cat.CEE Temp. for one year w.e.f. 17.6.1970. Med. Board held on 17.6.1970. With coin lesion ante tubercular treatment on one year".