JARNAIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioner-Ex-Sep Jarnail Singh, while appearing in this petition under Articles 226/227 of the Constitution of India, prays that Annexures P/3 and P/7 be quashed, raising the following arguments for consideration of the Court :-

(2.) The claim of the petitioner is based on facts that he was enrolled in the Indian army on 19th July, 1986 as Sepoy. He was given this appointment after he was found fit in all respects. The petitioner met with an accident on 30th November, 1992 and was placed in Low Medical Category CEE but thereafter his medical category was upgraded and was permitted to continue to serve the army. The injury was aggravated by military service. The petitioner could not become medically fit for continuation in army service and was discharged on permanent Low Medical Category on 9th July, 1994. According to the petitioner, he was brought before the Invalidating Medical Board which gave to the petitioner 40% permanent disability. He had put in 8 years 6 months of service against the contractual period of 17 years, as pleaded. According to him there was no justification for releasing the petitioner from army. The petitioner claims that he was discharged without following the provisions of Low Medical Category persons in accordance with A.O. 46/80, Annexure P/1 to the petition. The petitioner submitted his claim for disability pension, which was rejected on 30th October, 1995, vide Annexure P/3 to the petition. The appeal which the petitioner preferred was also rejected on 17th February, 1996. After serving legal notice praying for some relief, which was declined vide order dated 18th April, 1997, this resulted into the filing of the present petition.

(3.) Upon notice, the respondents filed a detailed reply. It was contended that the petitioner was on annual leave and was driving the motor cycle when he met with an accident, resulting in some injury to his foot. The petitioner re- joined his unit and was finally discharged from the hospital on 22.1.1993, while giving him low Medical Category 'CEE' temporary.