BABU RAM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner was enrolled in the Army on 26.8.91 and was sent for training in the Maratha Light Infantry Centre, Belgaum. At the time of his enrolment, the petitioner was medically checked and was found fit and was given an " A" medical category.

(2.) Within two months of his joining, the petitioner was admitted in the hospital on 14.11.1991 and remained under treatment upto 10.6.1992, where his disease was diagnosed as an "ADJUSTMENT REACTION WITH DEPRESSIVE MOOD-309". As a result of this diagnosis, a medical report dated 10.6.92 was issued invaliding the petitioner out of service on the ground of " personality disorder". The petitioner thereafter moved an application claiming Disability Pension which was rejected by an order dated 1.9.1993 on the ground that the disability which the petitioner had suffered during his service in the Army was not attributable to the Military Service and, therefore, disability pension was not admissible nor payable under the Rules. It transpires that the petitioner preferred an appeal, which remained pending, and eventually, the petitioner filed writ petition No. 2961 of 2001 which was disposed of by an order dated 22.1.2002 directing the appellate authority to decide the appeal within three months. Based on the aforesaid direction, the appellate authority by its order dated 1.8.2001 rejected the appeal of the petitioner. Consequently, the present writ petition has been filed praying for the quashing of the orders dated 19.11.1993 and 1.8.2003 and further praying for a writ of mandamus commanding the respondents to pay the disability pension with interest.

(3.) Heard Sri Rajesh Yadav, the learned counsel for the petitioner and Sri S.K. Tripathi, the learned counsel for the respondents.