EX-SEPOY PREM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Ex. Sepoy Prem Kumar has filed the present writ petition under Articles 226/227 of the Constitution of India and he has prayed for the issuance of a writ of certiorari seeking quashment of the impugned orders Annexures P-2, P-3, P-4 and P-5, vide which the case of the petitioner for disability pension was rejected by the respondent-authorities. The petitioner has further prayed that a writ of mandamus be issued against the respondents directing them to release the benefit of disability pension.

(2.) The case set up by the petitioner is that the joined the military service as sepoy in the Mechanical Jat Regiment on 15.9.1978. He served the army for 4 years and 307 days and was discharged on medical ground on 15.5.1983. He was discharged due to the disease known as epilepsy. He made a prayer for !he release of the disability pension. This prayer was rejected by the respondent-authority on 30.11.1983. He filed an appeal on 9.4.84 which was rejected on 23.12.1985. He filed second appeal on 12.6.86 and the same was also rejected on 16,2.1987. He had been making prayer for the release of the disability pension but to no effect. Hence this writ petition.

(3.) Notice of the writ petition was given to the respondents who filed the reply and denied the allegations. According to the respondents the petitioner, or course, was boarded out from the service on medical ground but the disease is neither attributable nor aggravated to the military service. Hence he is not entitled to the benefit of disability pension.