HARSHARAN KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed by Mrs. Harsharan Kaur for and on behalf of her husband Shri Balbir Singh, who is stated to be of unstable mind and is even presently under treatment, under Articles 226/227 of the Constitution of India, for quashing of an order dated 8.2.1993 and 9.8.1996 Annexures P/2 and P -3 to the petition vide which her husband was denied the disability pension. However, claim of invalid gratuity and death -cum -retirement gratuity was allowed by the CCDA (P) Allahabad vide the same order.

(2.) PETITIONER was enrolled as a member of the Indian Army as Sepoy in the corps of Signals on 27.9.1982. He served in different units at different places. Somewhere on 3.4.1989 he had fallen from the stairs and suffered a fracture of ankle and sustained other injuries Prior thereto he was treated in the Army Hospital for Myalgia Chest. Thereafter he was transferred to field job in August, 1989. He was awarded seven days punishment at Jabalpur in March, 1991. He left the place of duty without leave. He fell sick at home and thereafter was treated at Army Hospital, Patiala and then at Command Hospital, Chandi Mandir and was finally discharged from Army on medical grounds as suffering from Schizo Affective Psychosis on 20.5.1992. He submitted his claim for grant of disability pension on 19.10.1992 vide Annexure P/1 to the petition which was rejected vide Annexure P/2 on 8.2.1993. The wife of said Balbir Singh preferred on appeal on 5.9.1994 which was also rejected vide order dated 9.8.1996.

(3.) IT may be mentioned at the very outset that two different reasons were given for rejecting the grant of disability pension to the petitioner vide two different orders.