BRIJENDRA NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) -Heard Sri Vijay Shanker, learned counsel for the petitioner and Sri Anoop Kumar Srivastava appearing for the respondents.

(2.) BY this writ petition the petitioner has prayed for quashing the orders dated 9th June, 1987 and the order dated 23rd May, 1986, refusing grant of disability pension to the petitioner and the order dated 10th September, 2001. A writ of mandamus has also been sought for grant of disability pension to the petitioner.

(3.) THE claim of disability pension was refused by letter dated 23.5.1986. THE petitioner filed an appeal to the Central Government which too, was rejected by the letter dated 9th June, 1987. On 20th September, 1999, petitioner again moved a representation to the respondent No. 2 for grant of disability pension on the basis of news paper report dated 14.9.1999 to the effect that the army men who have not even completed ten years service and have been removed due to physical disability, are entitled for disability pension. THE said representation was again rejected by letter dated 14th October, 1999. By letter dated 14.10.1999 the petitioner was intimated that he was already informed many times that the disability is 'hysterical reaction' which resulted in his invalidation from the Army was not viewed ether attributable or aggravated by military service hence the claim of disability pension was rejected. Petitioner, thereafter again represented and same reply was received by letter dated 10th September, 2001. THEreafter this writ petition was filed in the year 2001. A counter-affidavit and the supplementary-counter-affidavit has been filed by the respondents in which it has been stated that the Medical Board assessed cause, nature and degree of disability of the petitioner on 7th May, 1985, at Command Hospital, Central Command, Lucknow and had viewed that disability was neither attributable or aggravated by military service and opined that it was constitutional disease not connected with the service. THE report of the Medical Board has been brought on record as Annexure-1 to the supplementary counter-affidavit. It opined that "it is a constitutional disease and not connected with service". THE disease for which the petitioner was invalidated was mentioned as 'historical reaction' 300 (b). Counter-affidavit has also taken a preliminary objection that the claim of disability pension being rejected on 23rd of May, 1986, the writ petition is barred by delay and laches. THE counsel for the respondents submitted that the petitioner has been invalidated out from service with effect from 25th June, 1985, thus the writ petition was filed after lapse of sixteen years and is barred by delay and laches.