BHIM SEN SEHGAL Vs. GURPREET SINGH

JUDGEMENT

(1.) Ex-Subedar Garja Singh has filed this writ petition under Articles 226 and 227 of the Constitution of India for the issuance of a writ of certiorari vide which he has sought the quashment of the orders Annexures P-8 and P-15 by which the case of the petitioner for disability pension was declined and the petitioner has further prayed for a suitable direction to the respondents to release him the benefit of disability pension.

(2.) The case set up by the petitioner is that he was born on 4.8.1948. He was enrolled in the Territorial Army after having been found medically fit in the medical category "AYE". The petitioner was sent for training to Ambala Cantt. and then he was allocated to 102 Inf Bn (TA) Kalka and remained attached with the same. He remained posted at various places. Then the petitioner was promoted to the post of Naik, Hayildar, Naib Subedar and Subedar. On every promotion he was examined by the Medical Board and he was found fit upto 1990-91. In the year 1991 the petitioner suffered from Essenlial Hypertension when he was posted at Bathinda. The petitioner was called for service in the territorial army from 1991 to 1996. He remained admitted in Command Hospital Chandimandir when he suffered the disease of Essenlial Hypertension in February, 1996. In March, 1996, he was sent to Sri Nagar. The petitioner again suffered the above disease when he was posted there and he was again sent to Command Hospital Chandimandir where he was downgraded in the medical category CEE(T). His disability was assessed at 40%. According to the petitioner the disease suffered is attributable and aggravated to the Army Service and therefore the respondents are liable to release him the benefit of disability pension.

(3.) Notice was given to the respondents who filed the written statement. According to the respondents, the disease suffered by the petitioner is not attributable or aggravated to the Army Service but it is a constitutional one. The petitioner has not given the essential particulars in the writ petition so as to make out a case that the disability suffered by him is attributable or aggravated to the Army Service. Moreover, as per the opinion of the medical authorities 20% and not 40% is the disability assessed. With this defence, the respondent authorities have prayed for dismissal of the petition.