CAPT. S.K. DUGGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) CAPTAIN S.K. Duggal, has filed the present petition under Article 226 of the Constitution of India for the issuance of a writ quashing the order of the respondents invalidating out of the petitioner from service on medical grounds as the grouse of the petitioner is that the order has not been passed by the Central Government which alone is competent in this matter. The petitioner further prayed that he should be reinstated in service with all consequential benefits. In the alternative, the petitioner made a prayer that directions be given to the respondents to grant him the disability pension as he was boarded out from the service on medical ground.

(2.) BEFORE I proceed further, it may be stated here that the learned counsel Shri R.S. Randhawa, appearing on behalf of the petitioner stated at the very outset that the petitioner is not interested to pursue his first relief. Rather, he confines his relief to the disability pension only.

(3.) THE short stand of the respondents who filed the written -statement is that the disease suffered by the petitioner is not attributable to the army service nor it was aggravated when the petitioner was serving the military and this stand is evident from Annexure P -4 besides from the written -statement filed by the respondents.