DIN BANDHU RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Col. Ram Achal Pandey, Advocate for applicant and Sri S.K. Rai, Advocate for respondents.

(2.) This writ petition under Article 226 of the Constitution of India has arisen from judgment and order dated 26.10.2018 whereby petitioner's Transfer Application No. 1187 of 2010 has been dismissed by Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as "Tribunal").

(3.) It appears that petitioner, who was enrolled in Indian Army on 02.05.1979, suffered some problem diagnosed as "Schizophrenia" on account whereof he was medically held invalid from service w.e.f. 18.03.1980 under Rule 13(3)(IV) of Army Rules, 1954 and was discharged. His request for disability pension was declined by Principal Controller of Defence Account (Pension), Allahabad vide order dated 17.01.1981 on the ground that medical disability suffered by petitioner was neither attributable nor aggravated to military service. Said order attained finality as petitioner did not challenge the same by filing any appeal. It is only in 2003 he filed Writ Petition No. 49882 of 2003 seeking following reliefs: