GHANSHYAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed praying that a direction may be issued to the Respondents to pay the disability pension to the petitioner and to set aside the impugned order at Annexure-C to the writ application.

(2.) The brief facts are as follows :- On 21.1.84 the petitioner was enrolled in the Indian Army as Class-II Wireless Operator and posted at various places in India. At the time of his enrolment the petitioner was medically examined and he was found fit to be enrol led in the Army. On 20.3.91, that is, after a service of almost 7 years the petitioner was examined by four Psychiatric at Jodhpur Unit of Indian Army and they issued a certificate of disability and they opined, that the petitioner was suffering from Neurotic Depression and as such on the basis of this medical report the petitioner was discharged from service on 21.4.91 on the ground of invalidity categorised as EEE. On 15.9.91 the petitioner submitted his paper and other relevant documents for pension, but the same was rejected by the C.C.D.A. Allahabad with a remark that the invalidated discharge was not attributable to the Military Service and as such he was not entitled to the pension. It was stated that the Petitioner does not fulfil the condition that the disease was aggravated or caused by Military Service and as such disability pension was refused to him. The petitioner submitted a petition before the authority by registered letter on 29.1.92 and that was not disposed of. A reminder was sent, and am appeal was filed and this appeal was rejected vide Annexure-7 on 6.1.96. Hence this writ application.

(3.) I have heard Shri B. Sarma, learned Advocate for the petitioner and Shri R. P. Kakoti, learned Advocate for the Respondents, who filed an affidavit stating that the petitioner is not entitled to invalid pension under the Pension Regulation for the Army (1961).