EX-SUBEDAR SARDARA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) EX -Subedar Sardara Singh has filed the present writ petition under Articles 226 and 227 of the Constitution of India against the respondents and he has prayed that a writ of mandamus be issued against the respondents to give him the benefit of disability pension alongwith interest at the rate of 18%.

(2.) THE case set up by the petitioner is that he was enrolled in the Army in the year 1964. At the time of his enrolment, he was medically examined. He was found hale and hearty and he was placed in category "A". He served the army and participated in the wars of 1965 and 1971. He was posted in the field service. Unfortunately, he suffered the diseased "N1DOM" which occurred to him when he was serving the army. It is a mental disease. The petitioner was treated in the military hospital at Jaipur and military hospital at Pathankot. The petitioner was medically examined in the year 1992 by the Medical Board which held its meeting on 21.3.1992 and the petitioner was placed in medical category "C" permanent and he was relieved from service. The Medical Board opined that the disability of the petitioner was more than 20 per cent. The petitioner was discharged from the army with effect from 30.4.1992 due to his disability which was more than 20%. With this background, the petitioner has made a claim for disability pension which was rejected by the respondent - authorities on two occasions. So much so, the petitioner even filed an appeal which was also rejected. He gave a notice on 16.7.1997 but no action was taken on it. Hence the present writ petition.

(3.) I have heard Shri R.S. Sangwan, learned counsel appearing on behalf of the petitioner and Ms. Ranjana Shahi, learned counsel appearing on behalf of the respondents and with their assistance have gone through the record of the case.