AMARJIT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) A disabled ex-soldier who has become a blind man because of a disease attributable to and aggravated by the para military service, is fighting for his invalid pension and that too for the last more than 39 years, which shows the total insensitivity and arbitrary approach of the respondent authorities. Feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioner has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus. Petitioner is also seeking a writ in the nature of certiorari for quashing the impugned communication dated 29.4.2013 (Annexure P-8).

(2.) Notice of motion was issued and pursuant thereto, separate written statements were filed on behalf of the respondents. Petitioner filed his rejoinder.

(3.) Learned counsel for the petitioner submits that the petitioner was medically boarded out from the military service as Constable on 27.2.1975, due to acute eye infection and blindness on account of suffering from Trachoma III and IV with Corneal Opacities. He further submits that once this material fact was not in dispute, respondent authorities were under legal obligation to grant invalid pension to the petitioner. About the entitlement of the petitioner in this regard, learned counsel for the petitioner submits that Rule 38 of the Central Civil Services Rules, 1971 (for short 'Rules of 1971') comes to the rescue of the petitioner. To support his contentions, he places reliance on two judgments in Abdul Majid Shah v. Union of India and others,2008 2 JKJ 240 and Ex. Const Badan Singh v. Union of India and another, 2003 1 SCT 52 . He concluded by submitting that the present writ petition may be allowed and the respondents may be directed to grant invalid pension to the petitioner as he has become 100% disable because of the above-said disability, suffered during service.