EX Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was recruited as a Sepoy in the Indian Army on Nov. 22, 1962 was invalided out of service on April 12, 1967. His discharge from the Army was necessitated by the fact that during the year 1965, the petitioner had suffered Cerebral Thrombosis with Hemiplegia. After his discharge from the service, the petitioner represented for the grant of disability pension. His representations and appeals having been rejected on the ground that disability was neither attributable to nor aggravated by military service, the petitioner has approached this Court through the present petition.

(2.) A written statement has been filed on behalf of the respondents in which it has been inter alia averred that the petition has been filed after 22 years of retirement and the same reserves to be dismissed on the ground of delay alone. It has been further pointed out that the petitioner's claim for pension was declined in the year 1967 and the communication was sent to him vide letter May 18, 1967. His appeal is also stated to have been rejected many years back. On these premises, it is claimed that the petitioner is not entitled to the grant of disability pension.

(3.) I have heard Mr. S.B. Sehgal, learned counsel for the petitioner.