BHAGWAN SINGH LAMBA Vs. UNION OF INDIA

JUDGEMENT

(1.) Bhagwan Singh Lamba has filed the present petition for grant of disability pension, which had been refused by the respondents.

(2.) The facts essential for adjudication of the petitioner's claim are that when the petitioner joined the service of Indian Air Force on 3.9.1959, he was found medically fit. He retired from the service on 1.4.1997 as Master Warrant Officer. At the time of retirement, he was found to be suffering from Essential Hypertension 401 (V-67) and NIDIM-250 (V-67) whereas NIDIM is Non- Insul in Dependent Diabetic Mellitus. The petitioner submits that both these diseases are byproduct of particular environment, in which he had to serve in the Indian Air Force and, therefore, the Medical Board of 27 Wing, Air Force Station, Bhuj had forwarded his case for the grant of disability pension for further approval. This recommendation was turned down on 1.3.1999. The appeal filed by the petitioner was also rejected and consequent thereto he has filed the present petition.

(3.) In the written statement, that has been filed on behalf of the respondents, after admitting that an individual, who is invalided out of service on account of disability, which is attributable to or aggravated by Air Force Service and is assessed at 20% is, entitled to disability pension as per Regulation 153 of the Pension Regulations for the Air Force, 1961 Part I. It was, however, submitted that the case of the petitioner was not of a person being invalided out of service but he had retired after completion of his term of engagement and, therefore, was not entitled to any disability pension. The fact, that the petitioner had developed Hypertension and was placed in Medical Category 'CEE' (Temporary) and on subsequent review placed in Medical Category 'BEE' (Permanent) on account of Hypertension and Diabetes Mellitus, was admitted. It was submitted that these diseases are constitutional disorder not attributable to military service and, therefore, it is submitted that the case of the petitioner had rightly been rejected.