RAJ KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India challenging the orders dated 10-1-2000 and 15-10-1990 by which the respondents have refused to grant 'disability pension' to the petitioner.

(2.) IT is not in dispute that the petitioner was in defence services from 25-11-1982 to 26-24990. For sometime he was posted on high altitudes. He was diagnosed by the Medical Authorities as a case of Depression (300-4) and placed in medical category EEE (Psychological ). The disability was to the extent of 30%. According to the respondents "the invalidment is not attributable to military exercise and does not fulfil the following condition, namely, it existed before and has remained aggravated thereby" and therefore it was communicated to the petitioner by letter dated 16-8-1990 (Annexures P-2 and R-3) that the disability pension is not admissible to him. The petitioner made several representations to show that the disease was attributable to military exercise but the same have been rejected by letter dated 10-1-2000 (Annexure P-1 ).

(3.) REGULATION 173 of the Pension Regulations, 1961 provides that unless otherwise specifically provided a disability pension may be granted to an individual who is invalidated from service on account of disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over. The question whether a disability is attributable or aggravated by military service shall be determined under the rules in Appendix II. Rule 7 (b) in this Appendix lays down :