KESHAV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India filed by the petitioner, who is an ex -army man, was heard by me and was allowed vide order dated 16th July, 2002 for the reasons recorded later on. Now here are the reasons for allowing the aforesaid writ petition.

(2.) THE petitioner by means of present writ petition claimed for the following reliefs :

(3.) THUS , it is contended that from the documents, Annexures 1 and 2 to the writ petition, it is apparent that the petitioner has been discharged because of the medical lower category, which is attributable, or aggravated by the military service because at the time of the recruitment of the petitioner in the year 1972, he was carefully examined by the competent medical authority and no ailment was reported and had that been so, the petitioner would never have been selected, recruited and appointed in military service. Learned Counsel for the petitioner has relied upon two decisions reported in 1997 (2) LBESR 64 (All) ; 1997 (1) E.S.C. 477 (All), Ram Niwas v. Union of India and others, in which relevant paragraphs 11, 12 and 13 are quoted as below :