EX-SEPOY CHATTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) How callously sometimes the cause of a citizen is dealt by the authorities and how casually it is decided without applying its mind on wholly frivolous and undefendable grounds, would be illustrated by the facts of this case.

(2.) Ex. Sepoy Chattar Singh, petitioner herein through present writ filed by him under Articles 226/227 of the Constitution of India, seeks issuance of a writ in the nature of certiorari so as to quash order dated 12.6.1989, Annexure P-3, as also part of order dated 13.8.1991, Annexure P-5, insofar as it runs counter to his claim and for directing the respondents to release disability pension and gratuity to him.

(3.) Petitioner was rearuited to the Indian Army in Jat Regiment as Sepoy with effect from 15.9.1961 and he served as such upto 410.1968 when he was relieved on medical grounds on account of disability which was totally attributed to the service rendered by him with the Army. When he was relieved from the Army, Union of India granted him disability pension and the same was initially admissible to him upto 28.8.1982 subject to the medical report. He thus enjoyed disability pension upto 28.8.1982. In the month of September, 1982, however, he was re-examined by the Medical Board and as per the report of the Board there was improvement in his physical condition. While accepting the said report, the Union of India held that disability of petitioner was less than 20% and, therefore, he was not entitled to the disability pension. Aggrieved against this, petitioner preferred a statutory appeal against the decision of the Medical Board and in pursuance thereof the Medical Board was re- constituted and the petitioner was re-examined in June, 1985. The Medical Board in June, 1985 while re-examining petitioner held that physical disability of petitioner has increased and the same was more than 20%. The case of petitioner is that physical disability that increased in October even as per medical Board report in 1987 is continuing and he is suffering with the same disability with same proportion or may be more till date. Inspite of the report of Medical Board reconstituted to re-examine the petitioner, when he was not granted any relief, he made a detailed representation to the Union of India on 12.8.1988. He was informed vide letter dated 6.10.1988 that his representation/appeal had been referred to the higher authorities for decision. Similarly, vide letter dated 12.7.1989 he was again informed that his appeal had been referred to the Union of India for early decision. His claim was, however, rejected on the ground that subsequent deterioration in his physical condition could not be attributed to the service rendered by him in the Military, it being a case of natural illness. This order was passed on 12.6.1989, Annexure P-3 and it is this order that has been challenged as mentioned above in the earlier part of the judgment.