BIR BAHADUR CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. K. Akhtar, learned counsel for the petitioner. Also heard Mr. J. Deka, learned CGC appearing for the respondents. While challenging the Annexure-2 Discharge Certificate and for that matter discharge from service on medical ground w.e.f. 31.3.2001, the petitioner has also prayed for a direction to the respondents to reinstate him in service pursuant to particular recommendation of the Medical Board that was constituted as per the direction of this Court vide order dated 7.12.2010 passed in WP(C) No. 5314/09.

(2.) The petitioner while in service as Rifleman in the Assam Rifles, was discharged from service on medical ground w.e.f. 31.3.2001. Since then he is in receipt of invalid pension. After 6 years of such discharge from service on medical ground with invalid pension the petitioner filed a writ petition being WP(C) No. 2959/2007 before the High Court of Delhi, which was disposed of by order dated 11.4.2007 granting liberty to the petitioner to approach the Court of competent territorial jurisdiction in the matter. As recorded in the said order the reason for non-grant of disability pension to the petitioner was due to the finding of the Medical Board that the disease which the petitioner was suffering from was neither attributable to nor aggravated by military service. As recorded in the said order if the petitioner was really aggrieved by the conclusion reached by the Medical Board, it is the said opinion formed by the Medical Board, was to be challenged. Simultaneously it was also held that the Medical proceeding was not within the jurisdiction of Delhi.

(3.) From the above what is seen is that in the said writ petition the grievance agitated by the petitioner was in respect of non-granting of disability pension which according to the respondents the petitioner was not entitled to as the disease from which he suffered was neither attributable to nor aggravated by military service.