SINDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein was enrolled in the Army on February 28, 1979 and was discharged on December 14, 1983 on account of medical reasons. He claimed disability pension. Having failed to get relief from the respondents in spite of a number of representations, he has approached this Court through the present writ petition.

(2.) In the written statement filed on behalf of the respondents, besides a preliminary objection is raised, it has been averred that the petitioner's claim for the grant of disability pension was considered and rejected on the ground that the disability was not attributable to or aggravated by military service. It has been further averred that till his entire tenure the petitioner never served in the field area and was not subject to any strenuous duty throughout. Accordingly, it is claimed that the petitioner is not entitled to the grant of disability pension.

(3.) I have heard learned counsel for the parties. The claim for disability pension is covered by the Regulation 173 of the Pension Regulations for the Army, 1961. It reads as under :-