MEWA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Mewa Singh, Ex -Driver, has filed the present civil writ petition under Articles 226/ of the Constitution of India against the respondents for issuance of a writ in the nature of certiorari and has prayed for quashment of order Annexure P2 vide which his claim for disability pension has been declined. He has further made a prayer that a writ of mandamus be issued against the respondents directing them to release the benefit of disability pension to him from the date of his invalidation from the service.

(2.) SOME facts can be noticed in the following manner : -

(3.) I have heard the learned counsel for the parties and with their assistance have gone through the record of the case. In my opinion, the writ petition should succeed and the petitioner should get the benefit of disability pension for 38 months immediately prior to the date of the institution of present writ petition. We all know that at the time of initial entry into service a candidate is medically examined. The petitioner was found fit at the time of his entry into service. There is nothing on the record to show on behalf of the respondents that at the time of initial entry into the service the doctor who examined the petitioner, gave any adverse opinion against the petitioner. We further know that duties of the Army personnel are very arduous and they remain under strict discipline and this type of diseases are suffered invariably by some of Jawans of the Army.