BANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is an ex-serviceman has filed this writ petition for issuance of a writ of mandamus directing the respondents to grant/release the disability or invaliding pension, with effect from 19.9.1982 with all consequential relief as the petitioner rendered total service of 12 years and 158 days, i.e. from 14.4,1970 to 18.9.1982.

(2.) The case of the petitioner is that he served the Indian Army from 14.4.1970 to 18.9.1982 was invalided out of service, with effect from 18.9.1982 on medical ground on the recommendations of the Medical Board which downgraded him to category 'CEE' permanent with 40 per cent disability. The petitioner has rendered Army service in the rank of a Sepoy which is a pensionable post and this service is accountable as qualifying service for the purpose of pension.

(3.) On behalf of the petitioner, it was urged that he was recruited in the Army after having been found medically fit in the category 'AYE' and on his successful completion of training he was allocated to 10th Sikh Regiment. During 11th year of service the petitioner suffered a stroke of paralysis and bleeding from nose. He was given medical treatment for more than one year and thereafter he was medically boarded out being placed permanently in medical category CEE with 40 per cent disability. On his discharge from service, disability pension has been denied to him.