VINOD CHAUDHRI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, praying for the issuance of a writ in the nature of certiorari, mandamus or any other writ, order or direction directing for quashing the orders dated 28.3.1983 (Annexure P-5) and 24.9.1983 (Annexure P-7) and 29.5.1986 (Annexure P-9) and further for directing the respondents to pay the disability pension to the petitioner.

(2.) The petitioner joined the Indian Army during National Emergency in the year 1963, at the age of 19 years and was commissioned in April 1964 in the 20 Lancers (Armoured Corps). At the time of his entry into the defence services, he was medically examined and was placed in Category A-1, which is now called as Shape I. During Indo-Pak war in 1965 the petitioner was sent to Chhamb-Jourian operation Sector. In other words, he was in the thick of actual war. The petitioner fought the war for about 27 days and thereafter was ordered to move with his troops of three tanks to Sialkot Sector under the Command of Col. S. Asghar Hussain of the 9th Bn. the Grenadiers (Mewar). It is during this period while manoeuvring the tanks into operational positions, he slipped from the tank on or about 8.9.1965 and sustained injuries to his left knee. He was removed to the Medical Room of the 9th Grenadiers and was treated by the Medical Officer of that Unit Lt. Virender Singh. At the time of his injury he was of a very young age and keeping in view the fact that hostilities between India and Pakistan were still continuing, he took the injury to be of a minor nature. However, the same gave him trouble off and on and when he approached the doctor, he was advised that after a few exercises it would get alright and he need not worry about the same.

(3.) The petitioner continued to serve the army till September 9, 1968 when he was boarded out of the Army. However, during the second Indo-Pak conflict in 1971, he was again recalled to the Army and he was posted in the Sambha sector of J & K, where on active military service, he started suffering acute pain to his right leg and there was also some swelling. In the year 1973-74, when the petitioner was posted under Major General Arun Vaidya as 2nd in command of the Provost Unit in Ambala Cantt, the aforesaid injury on the left leg started giving the petitioner acute pain and he reported for thorough investigation/examination/medical treatment for the injury suffered during 1965 operation. The petitioner was admitted to Military Hospital, Ambala Cantt, where he was given initial treatment. Initial treatment was given to the petitioner at the Military Hospital, Ambala Cantt, on 2.5.1974 (Annexure P-1). The clinical notes thereon are as follows :-