AMAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Amar Nath, the petitioner, has filed the present writ petition under Articles 226/227 of the Constitution of India for quashing of the orders, Annexures P-1 and P-3, vide which the claim of the petitioner for disability pension has been rejected. It has been further prayed by the petitioner that the respondents be directed to release the disability pension to him w.e.f. 1.5.1995.

(2.) The case set up by the petitioner is that he was enrolled in the Air Force on 1.5.1970. He was placed in Category 'A' at the time of admission in the Air Force. He suffered disability, i.e. NIDDM to the extent of 30% and chronic cholcystitis. As per the petitioner, the disease was attributable to the military service and, therefore, he is entitled to the benefit of disability pension. His claim was illegally rejected on 2.4.1996. The petitioner filed an appeal, which was also rejected on 2.12.1997. With this short plea, the petitioner has prayed for the grant of the disability pension.

(3.) Notice of the writ petition was given to the respondents, who filed the written statement. The stand of the respondents is that the diseases suffered by the petitioner are constitutional in nature and occurred to civilians equally and these diseases are neither attributable nor aggravated by the Air Force service as the service had no effect on the causation of the disability. It was also the case of the respondents that the individual disability of the petitioner was less than 20% but the composite disability was 20%.