NIRMAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Nirmal Singh has filed the present petition under Articles 226/ of the Constitution of India praying that a writ of mandamus be issued against the respondents directing them to release him the benefit of disability pension from 25.11.1974 onwards besides interest.

(2.) THE case set up by the petitioner is that he was born on 26,6.1954. He was enrolled in the Indian Army on 9.7.1974. He was invalidated out of military service and was placed in medical category "EEE" with 60% disability on 25.11.1974. His claim for disability pension was rejected on the ground that disability suffered by the petitioner is not attributable to the army service. According to the petitioner, this opinion was formulated by the respondent on 29.3.1975. The petitioner served a notice on 22.2.1996 but to no effect. Hence the present writ petition.

(3.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case.