J MAHIDHAR PRASAD MUNDEPE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioner, has sought writ in the nature of certiorari quash ing decision of respondent No. 2 Con troller of Defence Accounts (Pension), Allahabad, denying the disability pen sion to the petitioner w. e. f. 24-08-1988. A Mandamus has also been sought for payment of arrears of pen sion with interest.

(2.) HEARD learned counsel for the parties and perused the record.

(3.) IT is admitted to the parties that the petitioner retired from the service of Army with disability pension to the extent of 20% due to the Ventricular extra Systoles Multiple' disease. IT is also admitted that from the year 1974 till 1998, there was no dispute that he continued said disability as and when examined by the Medical Board. Strangely, after 24 years of retirement, suddenly, at the age of 73 years, the respondents have taken a stand that the disability as gone done of the pe titioner by 1 -5%, from 20% limit, he was suffering. In the case like the present one, where all the facts are admitted, as mentioned above, the re sponsibility lies on the respondents to show that on what basis, it came on the conclusion that the disability has gone down, less than 20%.