YASHPAL SINGH MEHRA Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The order dated 16.4.1981 passed by the respondent No. 3 at Annexure-2 to the writ petition and the order dated 26.4.1989 passed by the respondent No. 2 at Annexure-1 to the writ petition were challenged in this writ petition with a further claim for payment of disability pension to the petitioner.

(2.) Relevant facts involved herein are that the petitioner was recruited a: rifle-man and was posted in Garhwal Rifle on 2nd June, 1971 and continued in military service. The petitioner suffered from T.B. of Knees. Thereafter the petitioner also suffered from bilateral sensory neural deafness and for that reason he was discharged from service on 26.10.1979. The claim of the petitioner for disability pension was rejected by the order dated 16.4.1981. The petitioner preferred an appeal after some time but the delay was condoned and the appeal was considered by the appropriate authority but by order dated 26.4.1989 the appeal was also dismissed. Petitioner came to this Court for relief.

(3.) The respondents filed counter-affidavit and contended that the petitioner was discharged from the service by the appropriate authority upon holding that the disability of the petitioner was not attributable to military service and thus he is not entitled to disability pension under the Rules. The opinion of the Medical Board was annexed at Annexure-1 to the counter-affidavit. The communication of the rejection of the claim has also been annexed at Annexure-2 to the said counter-affidavit. The order of the appellate authority has been disclosed as Annexure 3 to the counter-affidavit. The petitioner filed rejoinder-affidavit.