PURSHOTAM DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) Ex.Sep. Purshotam Dass has filed the present Writ petition against the respondents under Articles 226/227 of the Constitution of India seeking directions of this Court that a Writ in the nature of Certiorari be issued and the order dated 1.9.1997 passed by respondent No. 2 be quashed. It has been further prayed that a Writ of Mandamus be issued directing the respondents to release the benefit of disability pension to him with consequential benefits w.e.f. 17.9.1985 to 17.9.1995.

(2.) The case set up by the petitioner is that he was enrolled in the Indian Army (Army Service Corps) (MT). His health was found satisfactory and was placed in medical category W. On 2.2.1969, when he was serving the Indian Army, he suffered from Pulmonary Tuberculosis disease and was boarded out from the service while granting him disability pension. The disability pension was granted to him but the same was discontinued w.e.f. 17.9.1985. In the month of August, 1996 he was again granted disability pension @ Rs. 135/- per month on the reconstitution of Medical Board. The petitioner made representation on 19.5.1997 followed by various reminders for grant of benefit of disability pension w.e.f. 17.9.1985 to 17.9.1995, i.e. for it period of 10 years, but no action has been taken up by the respondent-Authorities. Hence this Writ petition.

(3.) Notice of the Writ petition was given to the respondents. They filed the written statement and the broad stand taken up by the respondents is that the petitioner is neither entitled to the benefit of disability pension, nor he is entitled to the benefit of service element because he was invalidated out of service after 1.3.1968 but before 31.12.1972 and at that time, the service of the petitioner was less than 5 years.