KRISHAN CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Krishan Chander petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India against the respondent and he has prayed that a writ in the nature of certiorari be issued by quashing the orders Annexures P.3 and P.5 vide which the prayer of the petitioner for the grant of disability pension was declined with effect from 18.2.1980.

(2.) THE case set up by the petitioner is that he was enrolled in the Indian Navy on 10.8.1968 and he had been sailing and performing his duties on the different ships. He was released from Naval services on 18.2.1980 on medical grounds. The medical category of the petitioner at the time of release was S5A5. The petitioner submitted that number of persons who were released on medical grounds were granted the benefit of disability pension, whereas, he has been deprived of this benefit. He made a representation to the respondent -authorities to grant him disability pension vide Annexure P -2.

(3.) THE notice of the writ petition was given to the respondents who filed the reply and denied the allegations. According to the respondents, the petitioner was discharged with effect from 18.2.1980 and his case for disability pension was rejected on 17.1.1981. The petitioner was given the opportunity to file an appeal within six months but he failed to do so. On merits, the stand of the respondents is that the disease suffered by the petitioner, is not attributable to the Army service and, therefore, he is not entitled to the benefit of disability pension. As per the respondents, the disease epilepsy is one which may develop at any age. The petitioner was examined by a duly constituted Medical Board before he was invalidated out of service. With this defence, respondents prayed for the dismissal of the writ petition.