EX Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard the learned counsel and perused the paper- book.

(2.) The petitioner was serving in the Indian Army when he sustained an injury during Indo-China War on his left leg. He was discharged from the Army on 14.8.1963 with a disability which was less than 20%. The petitioner made an application for grant of disability benefit. This request of the petitioner was declined on 13.11.1963 vide order Annexure P-2. It was quite categorically stated that the petitioner had been discharged from service at his own request on extreme compassionate grounds. It was also stated that he was not compelled to seek discharge from service. The disadvantage of early discharge were fully explained to the petitioner by the then Commandant Sikh Regt. Centre. The petitioner was, however, adamant that he wanted to leave Army on compassionate grounds. Thereafter, on an application made by the petitioner, he was advised to get himself examined by a registered medical practitioner with regard to any increase in the disability. He was also directed to make the application for re-constitution of Resurvey Medical Board. The petitioner, therefore, sent medical certificate dated 17.9.1983 and requested for the constitution of re-survey medical board. The Officer-in-Charge (Records) by letter dated 14.10.1983 requested for sanction to bring the petitioner before re-survey Medical Board as a special case. By order dated 21.3.1984, the Officer-in-charge (Records) was informed that the petitioner had been discharged from Army on 14.8.1963 in the circumstances which had already been narrated above. Therefore, the claim of the petitioner was again rejected. Since then the petitioner has been persisting for re- constitution of re-survey medical board. None has been constituted till date. We are of the considered opinion that the present writ petition cannot be entertained. The claim of the petitioner has been rejected on the ground that he had sought discharge from the Army on compassionate grounds. The disadvantages of seeking premature release had been explained to the petitioner at the time when the order of discharge was passed on compassionate grounds.