INDER JANG Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as soldier in the Indian Army on 21.12.1980. He completed his training and was posted in Naga Regiment and was sent to Laddakh in high altitude for service. At the time of selection and appointment, the petitioner was found physically fit by the Medical Board. In 1983 he was posted in Blngaguri, West Bengal and was sent for physical training in 1984 to Pune. In 1985 he was promoted as Lans Nayak and thereafter as Nayak. During the P. T. training course, the petitioner overstrained his physical capacity which resulted pain in his chest. He was admitted in 164 Military Hospital, Binaguri on 30.4.1985. On 10.12.1986 he was sent to Medical Board of Army Medical Core, New Delhi, to be examined by Medical Board of Army Medical Core. New Delhi. The Medical Board on 15.12.1986 found that the petitioner 'suffered from 40% disability. He was discharged on 27.3.1987 from the Indian Army without any disability pension. His claim for disability pension was rejected by the respondents on 2.7.1987. The appeal filed by the petitioner was also rejected on 7.9.1989. The petitioner challenged the orders dated 2.7.1987 and 7.9.1989 by filing the instant writ petition.

(2.) Heard Shri Rajendra Dobhal, learned counsel for the petitioner and Shri B. K. Yadav. learned counsel appearing for the respondents.

(3.) In the counter-affidavit, the respondents in paragraph 3B have stated that the petitioner was not qualified to claim the pension as he had not completed 10 years service. It Is further stated that the petitioner did not suffer the physical disability while in service and, therefore, no disability pension was required to be paid to the petitioner. The claim of the petitioner was rejected also on the ground that the petitioner did not suffer any physical disability while in service of Army. His appeal was also rejected on the same ground.