KARTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) EX -Signalman Shri Kartar Singh has filed the present writ petition under Articles 226/227 of the Constitution of India and he has prayed that a writ in the nature of certiorari be issued against the respondents by quashing the order Annexure P -3 dated 4.3.1998 vide which the claim of the petitioner for grant of pensionary benefits have been declined. The petitioner has further made a prayer that a writ in the nature of mandamus be issued against the respondents directing them to release the benefit of disability pension to the petitioner with effect from 27.11.1968.

(2.) THE case set up by the petitioner is that he was enrolled as Signalman in the Indian Army on 14.5.1963. His entry into the army service was subject to medical examination which was duly conducted by the authorities. He was found fit in all respects. There is no mention of any disease in the record prepared by the respondent -authorities at the time of the enrollment of the petitioner into military service. It is alleged by the petitioner that due to stress and strain of the military service, the petitioner developed the disease. This disease went on aggravating and ultimately he was discharged from the service on 27.11.1968 on the plea that he is a case of "Chronic Anxiety State". According to the petitioner, the disease suffered by him is attributable to the army service and, therefore, he is entitled to the benefit of disability pension.

(3.) I have heard the learned counsel for the parties and with their assistance have gone through the record of this case.