EX-SUBEDAR JASMAIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Jasmail Singh petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of a writ of certiorari or any other writ order or direction which this Court may deem appropriate and he has prayed for the quashment of the order Annexure P -1 vide which his claim for disability pension has been rejected by the respondent -authorities. The petitioner has further made a prayer that direction be given to the respondents to release him the benefit of disability pension with effect from 1.8.1996.

(2.) THE case set up by the petitioner is that he was enrolled in the army service on 24.7.1968. He was found medically fit at the time of his enrolment. He was boarded out/discharged from the service on 31.7.1996 and his disability was assessed at 20 per cent. The reason for boarding out from the service is 'Hypertension'. According to the petitioner, this disease is attributable to the army service, therefore, he is entitled to the benefit of disability pension which has been rejected by the respondents vide order dated 7.2.1997. The petitioner filed an appeal which was rejected on 15.4.1999 after the filing of the present writ petition.

(3.) I have heard Shri B.S. Sehgaj, learned counsel appearing on behalf of the petitioner and Shri S.K. Sharma, learned counsel appearing on behalf of the respondents and with their assistance have gone through the record of the case.