KOMAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri S. S. Negi, learned coun sel for the petitioner and Sri Ashok Agarwal, learned Standing Counsel for Union of India / respondents.

(2.) BY means of this writ petition, the petitioner has prayed for the follow ing reliefs : i) Issue a writ, order or direction in the nature of certiorari to quash the impugned judgment and or der passed by the respondent no. 3 C. D. A. (P) Allahabad LKP. rejecting by information order or disability pension dated 31-08-1992 issued by the Garhwal Rifles, Records Lansdowne Garhwal (U. P.) on behalf of re spondent no. 3 (annexure no. 5) of this writ petition, ii) Issue a writ, order or direction in the nature of certiorari to quash the impugned judgment and or der passed by the respondent no. 1 Union of India, rejection by information order dated 31-12-1993 issued by the O. P. Srivastava, Additional Secretary Govt. of India, New Delhi (annexure no. 7) to this writ pe tition, iii) Issue a writ, order or direction in the nature of mandamus com manding the respondent nos. 1,2,3 and 4 to provide forthwith disability pension and gratuity to the petitioner w. e. f. 29-02-1992 from the date of discharge, for life alongwith family 'pension (annexure no. 9) to this writ pe tition, iv) Issue a writ, order or direction which in the nature of mandamus commanding the re spondents to appoint the peti tioner in civil employment for which the petitioner was found fit for civil jobs under the Mili tary Department (annexure no. 9) to the writ petition, v) Issue any other writ, order or di rection, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case be passed in favour of the petitioner, vi) Award cost of the writ petition to the petitioner.

(3.) THE stand taken by the respond ents for refusing disability pension is that though the disability was assessed to 20 percent but since, the petitioner has suf fered injuries when he was on leave, the same is not attributable to or aggra vated by military service in terms of para-173 of Pension Regulations.