EX. HAVILDAR OM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner -Om Chand has filed the present writ petition under Articles 226/ of the Constitution of India and it has been prayed by him that a writ in the nature of Certiorari be issued by quashing the orders Annexure P -4 dated 14.3.1996 and letter dated 22.7.1957 respectively. It has been further prayed by the petitioner that a writ of mandamus be issued to the respondents to grant disability pension in accordance with the rules and regulations along with interest at the rate of 18% per annum.

(2.) THE case set up by the petitioner is that he was enrolled in the Indian Army on 8.8.1947. He was discharged from the Army on account of the medical grounds on 30.4.1957. He suffered Duodenal Ulcer disease with 40% disability and epilepsy Idiopathic disease with 20% disability. The disability pension of the petitioner was rejected by the Government of India, Ministry of Defence on 22.7.1957 and he was paid Rs. 480/ - as gratuity. The petitioner made a representation and the same was rejected on 14.3.1996 on the plea that the benefit of disability pension cannot be granted to him.

(3.) I have heard Mr. Krishan Singh Dadwa!, Advocate for the petitioner and Mr. Anil Rathee, Advocate, for the respondents, and with their assistance 1 have gone through the record of the case.