UNION OF INDIA AND OTHERS Vs. HEMANT KUMAR

JUDGEMENT

(1.) THE writ appeal has been preferred assailing the order dated 4 -1 -2006 passed in M.P. No. 1114/1993 allowing the writ appeal preferred by the respondent quashing the orders (D and E), the respondent has been given the benefit of disability pension w.e.f. 3 -3 -1986.

(2.) THE facts lie in narrow compass i.e. the respondent Hemant Kumar was enrolled in the Army Medical Corps on 30th January, 1979. After obtaining the basic Military training he was posted in the high altitude area of the Himalayas in the year 1979. Later he served in the western sector and after completing the trade training he developed some tonsil problem which was operated upon. It was caused due to his being affected at the high altitude area and the coolness at his place of posting. He could not remain in the area, thereafter he was posted in the western sector which has caused bleeding in the throat and he was on continued medication. He was admitted in hospital at Jabalpur and was declared a case of "Effective Disorder". Later, he was invalidated out of service as per order (A.1) dated 12 -3 -1986 after serving the army for 8 years.

(3.) THE employee claimed disability pension. His claim was rejected as per order to 11 -11 -1986. Appeal preferred was also dismissed as per order (D) dated 31 -8 -1987. He preferred representations without any avail .