TARSEM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Tarsem Singh has filed the present writ petition under Articles 226/227 or the Constitution of India for issuance of a writ of mandamus directing the respondents to pay the disability pension as he was discharged from the military service on medical ground as his disability is attributable to the military service.

(2.) The case set up by the petitioner is that he joined the Army on 18.9.1976. He served the army upto 12.11.1983. He was enrolled in the rank of G.D.S.M. vide Army No. 13674605. He was discharged on 12.11.1983 vide Book No. 381 on medical grounds as he remained seriously ill while in service and was admitted in the Military Hospital at Jalandhar Cantt., where he was treated for six months and was discharged on medical grounds. The claim of the petitioner for disability pension was rejected by the respondents against which he also preferred an appeal which was also rejected. The petitioner also served a legal notice on 22.6.1993 for the grant of disability pension upon the respondents. He also issued various reminders but to not effect. Hence, the present writ petition.

(3.) Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations.