PALWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this civil writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has given challenge to the orders Annexures P2 and P7 vide which his claim for disability pension was declined.

(2.) THE case set up by the petitioner is that he was enrolled in the Army service on 16.4.1986 after having been found medically fit. After successful initial military training he was inducted into 7 Sikh Regiment. He was posted at various places. Thereafter he was discharged from the military service on account of disability with effect from 30.4.1996. He further submitted that he was found suffering from CNS Seizure (disease like epilepsy); SN Hearing loss and Unspecified Psychosis and on each count his disability was assessed at 20% i.e. composite disability at 60% for a period of two years. He filed an appeal and that has been disposed of vide order Annexure P7 in which it was observed by the Appellate Authority that so far as the disability falling under head Nos. 1 and 3 is concerned, it is not attributable to the Army service and so far as the disability falling under head No. 2 is concerned, though it is attributable to the Army service but the percentage of the disability has been viewed at 11 -14%, i.e. less than 20%. Therefore, the petitioner is not entitled to the benefit of disability pension on any count. The petitioner has challenged the orders Annexures P2 and P7.

(3.) I have heard Mr. B.S. Sehgal, Advocate on behalf of the petitioner, Mr. Anil Malhotra, Advocate on behalf of the respondents and with their assistance have gone through the record of this case.