RAM SHARAN PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER by way of filing this petition before this Court has prayed for a direction to the respondents to allow the disability pension to him. The petitioner was discharged on the ground of medical unfitness by an order dated 27.1.1967, which is Annexure P-1 to the petition.

(2.) AGAINST the said order, the petitioner submitted a statutory representation which was rejected. The petitioner filed a petition before the High Court of Bihar at Patna, which was registered as C.W.J.-C No. 8780/1994. The aforesaid petition was dismissed on 22.2.1996 on the ground that the High Court at Patna has no territorial jurisdiction. Therefore, the said petition was withdrawn with a liberty to file a petition before this Court.

(3.) NOW the argument submitted by the learned counsel for the petitioner is that in pursuance to para 173 of the Pension Regulation, which is filed by him as Annexure P-3 to the petition, a disability pension may be granted to an individual who is invalidated from service on account of a disability which is attributable to or aggravated by military service and is assessed at 20 percent or over. Appendix II-7 (b) is also filed by the petitioner as document Annexure P-7 to the petition. According to the same, a disease which has led to an individual's discharge or death will ordinarily be deemed to have arisen in service if no note of it, was made at the time of the individual's acceptance for military service.