UNION OF INDIA Vs. MOHINDER SINGH PARMAR

JUDGEMENT

(1.) At this stage, Mr. Amardeep Singh Gill, Advocate, accepts notice on behalf of the respondent.

(2.) Union of India has filed the present appeal and it has been directed against the judgment and decree dated 6.10.1999 passed by the Additional District Judge, Jalandhar who set aside the judgment and decree dated 20.11.1995 passed by the Sub Judge IInd Class, Jalandhar and decreed the suit of the plaintiff by holding that the order of rejection of the disability pension claim of the plaintiff by Union of India vide letter dated 13.10.1982 as mentioned in the plaint was illegal, arbitrary ultra vires, mala fide and against the Constitution of India and Pension Regulation Air Force and the plaintiff was entitled to the grant of disability pension with effect from 31.3.1981 and was entitled to receive all arrears with retrospective effect.

(3.) Sgt. Mohinder Singh Parmar joined Air Force on 4.3.1957 and at the time of enrolment, he was medically examined and found fit in all respects in medical categories. In the year 1973, plaintiff sustained an injury when he allegedly fell from the Air Carft with head down. He suffered head injury which shook all his nervous system and he was admitted and treated in the Air Force Hospital Kanpur and thereafter he was shifted to Command Hospital, Lucknow and finally he was relieved from Air Force on 31.3.1981. The plaintiff made claim for disability pension which was rejected by the defendant-authorities on the ground that the disease was not attributable to the armed service.