RAM NIWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) RAM Niwas joined the Indian Army as sepoy on 10.7.58. In the year 1959, he had developed a dangerous disease i.e. C.S.O.M. (left) and got medical treatment in the military hospital. On account of disability, he was invalided out of service by the Medical Hoard. He was not given any disability pension nor was he got examined by the Resurvey Medical Board with a view to finding out whether the disability was attributable to and aggravated by the army service. He filed suit for declaration to the effect that the order/letter No. R -6792309 DP of Apr 1961 and CDA(P), Allahabad leller dated 9 Mar, 1960 conveyed by the Army Headquarter, Directorate General of Medical Services (Army)/D.G.M.S. -3.D., Adjt. General's Branch Hq. letter No. 8/74303/DGMS -3D of 26 Jan 1989 are wrong, illegal, against facts, without jurisdiction, against the service rules of the plain - tiff, arbitrary, against the principles of natural justice and equity, discriminatory, ultra vires, null and void and ineffective against the right of the plaintiff and he is entitled to disability pension w.e.f. the date of discharge from the army service/invalided out of service by the medical Board being disabled together with other benefits attached to such disability pension along with arrears and interest @ 18% per annum. It was alleged in the plaint that he was entitled to pension as disability was attributable to and aggravated by the army service.

(2.) DEFENDANT -Union of India contested the suit urging that the suit is barred by limitation. Plaintiff's disability was considered by CDA(P) as neither attributable to nor aggravated by military service, as such, no disability pension was admissible to him under the rules. He was discharged from service without being entitled to disability pension as disability was considered as not attributable to or aggravated by military service. Disability pension is granted if the individual is discharged from service and disability is attributable to or aggravated by military service and the degree of disability is assessed at 20% or more. Medical Board opined that the plaintiff was in a state of remission at the time of enrolment in the army, as such, the detection of disability could have been missed on enrolment. He was discharged as recruit and not as sepoy. On the pleadings of the parties, the following issues were framed : -

(3.) WHETHER the suit is bad for want of notice ? OPD