ANIL KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) R. K. Mahajan, J. By this Writ Petition, the petitioner has made a proper in the nature of certiorari quashing the orders dated 31-3-1990 ; 4-5-1990 (Annexures I and II to the writ petition) passed by respondent No. 4 and the order dated 3-12-1991 (Annexure V to the writ petition) passed by the respondent No. 1. The petitioner has also prayed that a writ in the nature of mandamus be issued directing the respondent No. 2 to reinstate the petitioner in service and to pay the salary from the date of the discharge on 31-3-1990 or in the alternative direct the respondents to grant the disability pension to the petitioner in accordance with law.

(2.) THE petitioner's grievance is that he had been recruited as soldier in the Indian Army on 13th December, 1982 at Varanasi after being thoroughly examined by the Medical Board and after completing all the necessary formalities, he was declared successful. He has not been given the disability pension assessed 20% by the Medical Board which occurred during the period of service. Resume of facts leading to the writ petition are as under :

(3.) I have heard the learned counsel for the parties. The Learned counsel for the petitioner has, however, during the course of arguments, confined his claim regarding the grant of disability pension only and submitted that the authorities concerned have interpreted the disability pension rules wrongly. The learned counsel for the petitioner has further relied on a judgment of Punjab High Court delivered on 17th January, 1992 in Civil Misc. Writ Petition No. 16728 of 1990 granting disability pensioner benefit to the petitioner, whose disability was 20 per cent.