NAIK GURMUKH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Ex. Lance Naik Gurmukh Singh has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus seeking directions of this court against the respondents to pay him the disability pension with interest @ 18% p.a. from the date when he was discharged from the service.

(2.) The case set up by the petitioner is that he joined the Army as Sepoy/Gunner on 9.1.1983. At the time of his enrolment into the Army, he was examined by the Medical Board and was placed in the category A. The petitioner was promoted to the rank of Lance Naik in the year 1993-94. When he was serving the Field Regiment under hard living conditions as Gunner in the year 1994, he suffered hypertension. Instead of giving him a lighter duty, he was made to participate in the Routine Military exercises as a result of which his problem aggravated. He was medically examined on 1.8.1995 and was placed in the medical category 'B' (Permanent). He was served with a show cause notice, Annexure P-1, on 18.4.1996. The petitioner filed reply on 24.4.1996 and he was discharged from the service w.e.f. 1.7.1996 on account of his disability. The petitioner waited for certain period to get his disability pension. He did not get it. He sent a representation on 17.1.1997. He, again, served a legal notice on 19.9.1997. The petitioner had been waiting for the final reply but when he did not receive any reply to his representation/notice, he had a file the present writ petition.

(3.) Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations. The stand of the respondents is that the disease (Generalised Tonic Clinic Seizures) was a constitutional one and could not be detected at the time of the enrolment of the petitioner and the same is not attributable to the Army service.