KUSHAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Ex-Constable Kushal Singh who served in the CRPF has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of a writ of mandamus against the respondents seeking the direction of this Court to grant him the disability pension with effect from 19.6.1997 onwards along with interest at the rate of 18% per annum.

(2.) The case set up by the petitioner is that he was born on 20.3.1972. He joined the C.R.P.F. on 29.2.1992. While he was in the service of the forces, he developed the disease Schizophrenia on 14.2.1996. The Departmental Rehabilitation Board was constituted and it recommended for the invalidation of the petitioner on 25.2.1997. The office order of invalidation of the petitioner was passed on 18.6.1997 as a result of which, the petitioner was invalidated out from service on account of aforesaid disease on medical ground being permanent incapacitated and as such he became entitled to the disability pension with effect from 19.6.1997. He served a legal notice on 27.9.1997. His prayer was rejected by the respondent-authority on 23.4.1998. Hence the present writ petition.

(3.) Notice of the writ petition was given to the respondents and they filed the written statement and denied the allegations. According to the respondents the disease suffered by the petitioner was constitutional in nature and it is not attributable to his service, therefore, the petitioner is not entitled to the disability pension.