PARGAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Pargan Singh petitioner has filed the present Writ petition under Articles 226/227 of the Constitution of India for issuance of a Writ in the nature of Certiorari for the quashment of orders Annexure P-2 and P-5 passed by respondent no.2 vide which the case of the petitioner for disability pension was rejected.

(2.) The case set up by the petitioner is that he joined the Indian Army on 13.7.1963. He was promoted to the rank of Lance Naik and then Naik. Thereafter he was promoted to the rank of Havaldar and Naib-Subedar. When he was posted at Jalandhar in 1986, he fell ill and was admitted to Military Hospital, Jalandhar. A Medical Board was held on 25.4.1987 and he was down categorised. The Board declared the petitioner as a case of "Affective Psychosis" and he was transferred to the pension establishment w.e.f. 1.8.1989. He was released from Army after putting in 26 years 19 days of service on medical grounds. However, his pension was reduced with these broad allegations, the petitioner is asking for disability pension.

(3.) The defence of the respondent Authorities is that the disease which the petitioner was suffering is not attributable to the service of Army, nor it has been aggravated during his stay in the Army. It was also the case of the respondents that the nature of disease is such that it cannot be held that it was attributable to the military service. Rather the decease was genetic and constitutional in nature.