MANJINDER SINGH (EX-SERVICEMAN) Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri Manjinder Singh has filed the present writ petition under Articles 226/227 of the Constitution of India against the Union of India and others and it has been prayed by the petitioner that a writ in the nature of certiorari for quashing the impugned award dated 31.12.1996, given by respondent No. 3 (Annexure P -6), vide which he had reduced the percentage of the disability of the petitioner in an arbitrary and illegal manner, may be issued.

(2.) It has been further prayed by the petitioner that directions be issued to the respondents to release the benefit of disability pension to the petitioner as assessed by the Release Medical Board.

(3.) The case of the petitioner can be described in the following manner. According to the petitioner he was recruited into the army on 26.8.86 and at the time of his joining the army he was found medically fit by the recruiting office. Thereafter, the petitioner was despatched to No. 1 Signal Training Centre Jabalpur for training. On 10.8; 1989, the petitioner was employed in high altitude area in Jammu and Kashmir and he suffered from Asthmatic Bronchitis due to exposure to hostile climate. He was evacuated to Command Hospital (W.C.) Chandimandir for treatment and was downgraded to medical category CEE temporary. The employability restrictions imposed upon the petitioner by the Medical Authority were that he was not to be exposed to changing season winter season. It was also opined by the Medical Specialist that the petitioner had history of aggravation due to exposure to dust, rains and cold. The petitioner was transferred to Western Command Signal Regt. at Chandimandir and he served there from 11.1.1990 to 3.5.1994. On 17.9.94, it was recommended that the petitioner be placed in medical category BEE (permanent) because he had the symptoms of exposure to smoke, dust and cold weather. In the month of May, 1994, the petitioner was sent to 14 Signal Group at Jaipur in Rajasthan where he was exposed to adverse condition of dust at high velocity severely aggravating his disease. Again on 14.11.1995, the petitioner suffered solitary seizure due to high lung infection while on exchange duty and was admitted to Military Hospital Jaipur from where he was evacuated to Command Hospital Chandi Mandir and was further referred to Army Hospital Delhi Cantt for confirmatory opinion of Neurologist. Resultantly the Neurologist on 7.1.1996 opined that the CT Scan of the petitioner was normal and he required to be observed in low medical category for two years from Neuro side. Finally the Release Medical Board assessed the disability of the petitioner under the following heads : -