NACHHATAR SINGH Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) FEELING aggrieved by the orders dated 22.2.1982 and 23.8.1985, copies annexures P2 and P7, vide which disability pension was not sanctioned to the petitioner and his appeal was rejected with some modifications, he has knocked the door of this Court by filing this writ petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of Certiorari for quashing the said orders with a further direction to the respondents to sanction disability pension to him.

(2.) THE case of the petitioner, in brief, is that he joined Indian Army in year 1971 in the Artillery as G.N.R. At that time, he was perfectly medically fit having category AYE. He was taken in the Army Service after passing the Medical Board. He was found medically fit and allowed to join the Army. In the year 1979, the petitioner unfortunately fell victim to a disease diagnosed as Neurosis. The case of the petitioner was approved by the Medical Board for allowing him disability pension as the disease was caused during service in the Army and was forwarded to the Controller of Defence Accounts (Pension), Allahabad who rejected the same. The relevant pan of impugned order, Annexure P2, reads as under :

(3.) THE counsel for the petitioner has relied upon the judgment rendered on 10.7.2000 in the Civil Writ Petition No. 6668 :, 2000(3) SCT 952 (P&H) titled as B. Sergeant Satnam Singh Bajwa v. Union of India. The concluding part of the same reads as under :