GURNAM SINGH EX-SEPOY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner herein was enrolled as a Sepoy on December 18, 1962. While serving in the Army he got epileptic fits and as a result he was discharged from the ser vice on November 21, 1970. His repeated representations for the grant of disability pension having failed, he has approached this Court through the present petition.

(2.) IN the written statement filed on behalf of the respondents the only plea raised is that the disease of epilepsy is not attributable to the Army service and as such no disability pension can be given to the petitioner. Mr. Ashutosh Mohanta, learned counsel for the respondents has further contended that the petitioner's claim for the grant of disability pension was declined vide letter dated February 17, 1971 suffers from the vice of laches. On this twin ground, the claim of the petitioner is sought to be contested on behalf of the respondents.

(3.) SO far as the preliminary objection regarding delay is concerned, it may be mentioned that no such plea has been raised in the written statement. In such a situation, I am not inclined to allow the respondents to defeat the claim of the petitioner oh the ground of delay. In any case, this shall be taken into consideration while granting substantive relief to the petitioner.