SWINDER SINGH BOMRAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner is seeking the benefit of disability element by making out a case that he was enrolled in the Army after having been declared medically fit in all respects on 30.7.1960.

(2.) ACCORDING to the petitioner, he was commissioned in the Army in the year 1961. He was promoted to the rank of Lieutenant in the year 1963. He became Captain in 1964 and Major in 1965. He served as a pilot for 4 years from 1970 onwards. He was promoted to the rank of Lt.Col. in 1983. He used to be examined annually before giving the promotion to the Higher rank from 1961 to 1984. Thereafter, the petitioner suffered disease of Cervical spondylosis in the year 1985. He also suffered another disease of Sensory Neural Deafness, in the year i986. He further suffered a disease of Irritable Bowol Syndrom in the year 1986. He was medically examined by the Board of doctors and was placed in low medical category "C" permanent. According to the petitioner, though the service element has been granted to him but he has been deprived of the benefit of disability element and he filed an appeal which was also rejected by the respondent -authorities. With this background, the petitioner is seeking the relief of disability pension from the respondent -authorities,

(3.) I have heard Shri B.S. Sehgal, learned counsel appearing on behalf of the petitioner and Shri Gurpreet Singh, learned counsel appearing on behalf of the respondents and am of the considered opinion that this writ petition deserves to be dismissed on the short ground that petitioner was not boarded out from the army service. Rather he was discharged from the army on completion of the tenure. Therefore, this writ petition is dismissed with no order as to costs.