MOHD DILDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed under Section 2 (1) of the Madhya Pradesh uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 29-1-2008 passed by the learned Single Judge in W. P. No. 925/2008 (S ).

(2.) THE facts briefly are stated the appellant was working as GDR Lans nayak in the 4 Grenadiers Regimental Centre since 1974. After rendering continuous military service from 30-5-1974 to 10-11-1983 for about 9 years and 6 months, he was discharged from service on the basis of finding of medical report that he was medically unfit for military service. Since the appellant had not completed the requisite pensionable services of 15 years, he was not paid pension. Further, because the appellant was discharged from service on medical ground, he was not provided suitable alternative employment. The appellant therefore entered into correspondence with the respondent through Deputy collector District Sainik Welfare Officer, Shahdol, who requested the Record officer, Grenadiers Regimental Centre, to grant medical disability pension to the appellant and yet, no medical disability pension was granted to the appellant for the reasons mentioned in memo dated 25-12-1996 issued on behalf of the respondent No. 3. Aggrieved, the appellant filed Writ Petition No. 925/2008 (S)in this Court but the learned Single Judge dismissed the writ petition by the impugned order dated 29-1-2008 on the ground that there has been a delay of 25 years from the date of discharge from service and 11 years from the date of final communication of the result of the claim of the appellant in approaching the high Court under Article 226 of the Constitution. Aggrieved, the appellant has filed this writ appeal.

(3.) AFTER perusal of the impugned order of the learned Single Judge, we find that the learned Single Judge has lost sight of the law that in case of pension, the cause of action arises from month to month and that in such a case, claim for disability pension should not be rejected only on the ground that there has been delay in filing of the writ petition under Article 226 of the Constitution.