SWARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Ex-Sepoy Swaran Singh has filed the present writ petition under Article 226 of the Constitution of India praying that a writ of certiorari be issued by quashing the orders Annexures P-2 and P-7 vide which his case for disability pension has been rejected in an illegal manner and in violation and disregard to the Army Act, Rules and Regulations and the petitioner has further prayed that a declaration be granted in his favour that he is entitled to the benefit of disability pension with effect from 1.5.1996.

(2.) The case set up by the petitioner is that he was enrolled into the army service as recruit on 19.6.1980 and at that time he was in a very good mental and physical health and he was placed in category AYE. He was discharged from the army on 1.5.1996 before completion of his term of engagement and he was placed in lower medical category BEE permanent without affording any alternative employment. The petitioner received communication from the Record Officer to the effect that his claim for disability pension has been rejected on 28.1.1997 vide Annexure P-2. The petitioner on 5.3.1997 addressed a letter Annexure P-3 requesting him to supply the copy of the sheet containing decision of Medical Advisor (Pension) and this decision has not been supplied to the petitioner. The petitioner sent a reminder Annexure P-4 on 20.6.1997. The petitioner then filed a statutory appeal Annexure P-5 on 11.7.1997 against the rejection of his claim for disability pension. He also served a legal notice Annexure P-6 on 23.2.1999. His appeal was also rejected vide Annexure P-7 on 13.10.1999 by a non-speaking and cryptic order and he was not afforded the opportunity of being heard at the time of rejection of his appeal.

(3.) Notice of the writ petition was given to the respondents and written statement was filed by respondent No. 4 on behalf of all the respondents.