RAMESH CHANDRA SAHOO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner after facing rigours of recruitment test conducted by the Army on 3.12.1975 at Cuttack was selected for being appointed in the cadre of Welder. After medical examination, he was found fit and joined as a Welder being assigned "No.14525926" in the Unit of Corps EME (C) Coy and underwent training. After completion of the training he joined at Secunderabad (A.P.). While discharging his duties, as ill luck would have it, he fell sick and was admitted in the Army Hospital, Delhi in July 1978. Thereafter he was shifted to the Military Hospital at Secunderabad for better treatment. The health condition of the petitioner deteriorated and he was again shifted to EME, OEPO, BN, Secunderabad in October, 1978. In consonance with the medical report, as the petitioner's health condition did not improve, he was declared invalid and unfit for Army services with effect from 16.1.1979 basing upon the report of the Army Medical Officer. According to the medical report, he was suffering from "Cerebral Cysticercosis". The petitioner returned to his villager and got admitted in S.C.B. Medical College and Hospital, Cuttack for treatment and after treatment he was cured. Thereafter he applied for invalid pension through Zilla Sainik Board on 12.1.1983. The Assistant Record Officer, Secunderabad by his letter dated 10.3.1983 intimated the petitioner that his claim for invalid pension could not be entertained at a belated stage and rejected the same. The petitioner, thereafter approached the Union Government in the Department of Ministry of Personal Public Grievances and Pensions for sanction of invalid pension and the Government was pleased to refer the matter to the Ministry of Defence on 5.1.1990 for consideration. As no action was taken by the authorities, the petitioner was constrained to submit a representation on 5.12.1991. After receiving the representation/notice the concerned authority by letter dated 1.4.1992 intimated the petitioner to file an appeal, if so advised. In consonance with the sid letter the petitioner filed an Appeal but the Senior Record Officer by his letter dated 6.7.1993 intimated the petitioner that the appeal had been rejected for inordinate delay. Having no other way, the petitioner has preferred this writ application.

(2.) A counter affidavit has been filed by the opposite parties taking a stand that the petitioner raised his claim for disability pension at a much belated stage and as the claim was stale such application could not be entertained. A stand has also been taken to the effect that the disease suffered by the petitioner was neither in course of his service nor attributable to the service and as such the petitioner is not entitled to any pension.

(3.) PENSION is a recurring cause of action and, strictly speaking, it cannot be said that the claim for pension has become time barred. Even otherwise, prior to declaring the petitioner invalid he was examined by the Medical Board of the Army. The proceedings of the Medical Board are as per Annexure -R/2 to the counter affidavit. The said proceedings clearly reveal that the petitioner did not suffer from any disability before joining the Army. It also reveals that the Medical Board constituting Army Doctors certified and recommended that disability pension was admissible to the petitioner under Rules and it should be sanctioned to him. The observation made by the Medical Board is quoted below :