CHAMAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Ex NK/TA Chaman Lal has knocked the door of this Court, seeking issuance of writ in the nature of certiorari for quashing of impugned order dated 06.03.2006 (P-3), order dated 27.03.2008 (P-5) and order dated 25.11.2010 (P-6) whereby his claim for disability pension, has been rejected.

(2.) Petitioner was enrolled in the Army on 28.10.1988 as Sepoy/TA and was thereafter discharged before 15 years of service on medical ground i.e WASTED LEG SYNDROME (RT). In August, 1999, petitioner felt pain in his right leg, medically diagnosed as "WASTED LEG SYNDROME (RT) and was placed first time in low medical cat 'CEE (TEMP)1 w.e.f 11.01.2000 and subsequently w.e.f 11.01.2001 was placed in medical category 'BEE (Permanent)'. As per release Medical Board Proceedings dated 18.10.2002, which was conducted at the time of his discharge, the medical category of the petitioner i.e SIHIAIP2E1, with the disability "WASTED LEG SYNDROME (RT) @ 30% for life. Petitioner filed appeal before Armed Forces Tribunal at Chandigarh-respondent No. 5, which was dismissed, vide order dated 06.03.2006 (P-3). Petitioner then filed second appeal before Defence Minister's Appellate Committee on pension, which was also dismissed vide order dated 27.03.2008 (P-5). Lastly, the petitioner approached the learned Armed Forces Tribunal at Chandigarh for grant of disability pension, which was dismissed, vide order dated 25.11.2010 (P-6)

(3.) Learned counsel for the petitioner submits that the petitioner is entitled for grant of disability pension as per Regulation No. 173 and 189 of Pension Regulations for The Army, 1961 (for short 'Regulations 1961'). Learned counsel for the petitioner states that the claim of the petitioner for grant of disability pension has been wrongly rejected on the grounds mentioned below:-