RATTI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) RATTI Ram petitioner has filed the present writ petition under Article 226 of the Constitution of India and he has sought the directions of this Court in the nature of mandamus against the respondents that respondents be directed to release the benefit of disability pension to the petitioner.

(2.) THE case set up by the petitioner is that he was enrolled in the army on 7.9.1963. He joined the army at the age of 20 years. He was quite hale and hearty. He was found medically fit by the Medical Board and there is no note given by the Medical Board that petitioner was suffering from disease of any kind. He served the army up to 14.2.1981 when he was invalidated out of service on medical ground and the petitioner was placed in medical category "EEE". The petitioner was given the benefit of service element but he was not given the benefit of disability pension. He served a legal notice on 14.7.1998 but no effect. Hence the present writ.

(3.) THE case of the petitioner is that the disability pension was forwarded to the Chief Controller of Defence Accounts (Pension) who in consultation with the Medical Advisor, rejected the claim on the ground that the disability suffered by the petitioner was neither attributable nor aggravated by the military service. Hence the writ petition be dismissed.