KARAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) KARAM Singh has filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari quashing the impugned orders dated 11.11.1979 and 11.3.1981 vide which the claim of the petitioner for disability pension has been rejected by the respondents. The petitioner further prays that a direction be issued to the respondents to release the benefit of disability pension along with interest @ 18%.

(2.) THE case set up by the petitioner is that he was enrolled in the Army on 20.7.1971 as Infantry Soldier. At the time of recruitment, the petitioner underwent rigorous medical tests and examination which were required and mandatory for recruitment by the Board of Doctors of the Army and he was declared fit for service as per their report. The petitioner was placed in the medical category 'A'. After completing the recruit period, the petitioner was posted at various Units for service in plain as well as high altitude areas. Monthly medical examinations were carried out and the petitioner was always found fit for army service. During his posting in the hilly area, the petitioner was seized to disease and was admitted to M.H. Digsahai. He was transferred to various hospitals for checking and treatment. Lastly, he was brought to the Military Hospital, Delhi Cantt. where he was brought before a Medical Board which found him unfit for army service and was discharged on 21.11.1977. The petitioner filed an appeal which was rejected in 1981. The condition of the petitioner deteriorated further and he was admitted to the hospital for treatment. The financial position of the petitioner also deteriorated and he, again, wrote to the authorities for financial help. With this background, the petitioner has prayed to this Court for issuing directions to the respondents to release the disability pension to him.

(3.) AS per the respondents, the disease (Sleep Epilepsy (of generated toxic type) of idiopathic origin) suffered by the petitioner is not attributable to the army service nor it has been aggravated when the petitioner was serving in the army.