PARSHU RAM MAJUMDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Chetri, learned counsel for the petitioner, and Mr. D. Sur, learned Additional Central Government Standing Counsel.

(2.) The petitioner joined the Army under ASC (MT) Unit as Sepoy rank on 23.2.1979. After he had put in several years of service, he was admitted to Hospital on 24.10.1987, and discharged from Hospital on 18.2.1988. The discharge slip of the Hospital annexed to the writ petition as Annexure-B indicates that he was diagnosed of suffering from Schizophrenia. Thereafter, he was discharged from service on medical ground. The petitioner thereafter applied for disability pension, but the application of the petitioner for such pension was turned down by the CDA (Pension), Allahabad on 27.12.1988. The petitioner then preferred an appeal, but the said appeal was also rejected by the Ministry of Defence, Government of India as indicated in the communication dated 8.5.1997 of the Major, Senior Record Officer, Bangalore. Aggrieved, the petitioner submitted a memorandum to the President of India, but no order has however been communicated to the petitioner on the said memorandum to the President of India. Instead, the President's Secretariat referred the memorandum of the petitioner to the Ministry of Defence, Government of India. Aggrieved, the petitioner has filed this writ petition under Article 226 of the Constitution for a direction on the respondents to release the disability family pension to the petitioner with all other service benefits on account of his discharge from service on medical ground on 19.2.1988.

(3.) An affidavit-in-opposition has been filed on behalf of the respondents, and in paragraph-6 of the said affidavit-in-opposition, the reason why the petitioner was not granted disability pension is indicated as follows: