SANT PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) Sant Parkash survived by his legal representatives as he died during pendency of this petition, sought for issuance of a writ in the nature of mandamus directing the respondents to grant his disability pension. This claim even after his death is being pursued by his legal representatives who have been duly brought on records of this case.

(2.) The facts of the case reveal that Sant Parkash was enrolled as a Boy in the Balauch Regiment on March 12, 1946 and was discharged on November 5, 1946 by saying "Service no longer required." After that he was enrolled in the J&K Rifle Unit as Under Trainee on December 30, 1947. Even though he was fit to be enrolled as Boy but he was directly enrolled as Sepoy on December 30, 1947 as the war conditions existed and there was need of youngmen in the Army. He was issued weapon (rifle) and was asked to clean the same while on active service and unfortunately he was injured due to bullet injury on the left leg due to accidental fire from his rifle. He was immediately taken to Hospital for treatment and after about 6-8 months, he was downgraded to category CEE with 100$ disability and was invalidated from Military Service on September 26, 1948 on the recommendations of the Medical Board. It is pleaded that J&K Rifle later on merged with the Indian Army and became part of the Indian Army with Record Office at Jabalpur. Sant Parkash pursued his case for grant of disability pension by writing various letters to the authorities concerned but the respondents had declared that the disability was not attributable to Military service. Demand notice was served through lawyer on May 8, 1989 and its reply was received on July 6, 1989 wherein it was mentioned that he had already been intimated vide letter dated June 14,1989 that disability from which he suffered was not attributable nor aggravated by Military service and he was not entitled to disability/war injury pension under the Rules. After rejection of his claim, as mentioned above, vide Annexure P-3 on July 6, 1989, he had approached this Court for the relief indicated in the earlier part of the judgment.

(3.) The cause of petitioner has been opposed and in the written statement that has been filed on behalf of respondent Nos. 1 to 3, it has been pleaded that no record with regard to the enrolment of petitioner as a Boy in Baluch Regiment on March 12,1946 is available. It is, however, true that petitioner was enrolled in the J&K State Forces on December 30, 1947 when he was 18-1/2 years old and he was quite capable of handling weapons. On the basis of the statement made by Sant Parkash himself the cause of his death has been mentioned in the written statement. The statement of Sant Parkash that has been relied upon, reads as follows: