R SUNDAR RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner seeks a Writ of Mandamus directing the respondents to pay the petitioner Military Pension.

(2.) THE writ petition was admitted on 22.9.1999. Subsequently, the respondents have filed a counter affidavit dated 20.7.2000 justifying the denial of pension to the petitioner. Even though the original case of the petitioner was grant of Military pension and he also relied upon the various recommendations sent by Army to Central Government, at the time of filing writ petition, the Central Government has passed an order dated 15.4.1998 negativing the case of the petitioner. This letter is also enclosed as Annexure to the counter affidavit. THE reasons given by the Central Government are found in the order dated 15.4.1998, which reads as follows: ..... 2. You were released from service on account of Invaliding disease (ID)-Schizophrania.

(3.) AFTER the amendment was ordered, the learned counsel for the respondent has now produced a Notification issued by the Ministry of Social Justice and Empowerment, which reads as follows: "S.O.1179 In Exercise of the powers conferred by proviso to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996) the Centrla Government having regard to the type of work carried on hereby exempt all categories of posts of combatant personnel Armed Forces from the provisions of the said section".