M VENKATESH PERUMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus calling for the records of the first respondent made in No,7(1014) 99.D (Pen.A & AC) dated 27.1.2000 and No,6 (74)/2000/D(Pen.A&AC) dated 04.12.2002 and the order of the third respondent in No,6386289/DP/ Pen, dated 03.4.1998 and quash the same and direct the respondent to grant the claim of the petitioner for grant of Disability Pension and other benefits.) Heard both sides.

(2.) THE present writ petition has been filed seeking to challenge the order of the 1st respondent dated 27.01.2000 and 04.12.2002 as well as the order of the 3rd respondent dated 03.04.1998 and for a consequential direction to grant the petitioner disability pension. THE writ petition was admitted on 18.04.2005, but his prayer for interim direction was rejected by this Court. Pursuant to the notice from this Court the 3rd respondent has filed a counter affidavit dated 28.09.2005.

(3.) IN terms of the Army Rule 13(3) read with Item III (iii) of the Army Rules 1954, it is stated that if a person is found medically unfit for further service, he can be discharged by the Commanding Officer but however, it has to be done only on the recommendation of the INvalidation Board. It was also stated by the Release Medical Board that the disease which he had suffered was neither attributable to nor aggravated by military service. It was a constitutional disease and not connected with the service. He was placed under the low medical category of EEE (Psy.) The Petitioner's case for disability pension was forwarded to the higher authorities.