KULWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard the learned counsel for the petitioner at length and perused the record of the case.

(2.) Admittedly, the petitioner was enrolled in the Indian Army on 23.02.1980, within less then six months, i.e., on 10.08.1980, he was invalidated out of Military Service. The petitioner claims that whilst he was a passenger in a truck, he suffered a fracture Base of II, III and IV and Metatarsal Bone left Foot which rendered him permanently disabled to the extent of 30 percent. According to the petitioner, be became disabled, while on duty, and the injury is attributable to military service. The claim of the petitioner was rejected by the military authorities on 07.07.1982 on the following grounds;-"a) is not attributable to Military Service; b) does not fulfil the following conditions, namely that it existed before or arose during Military Service and has been or remains aggravated thereby."

(3.) Against the aforesaid order, the petitioner did not file any appeal although, it was a statutory right of the petitioner. However, after fourteen years of unexplained silence, on 26.02.1996, he made a detailed representation to the respondents. No decision was taken on the aforesaid representation. Therefore, the petitioner again waited for a period of six years, when he made another representation on 21.09.2002. No order on this representation has also been communicated to the petitioner.