AMOLAK SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The appellant filed suit on 8.1.1999 for declaration that he was entitled to disability pension with effect from the date of his discharge from service i.e. on 18.4.1964.

(2.) Case of the plaintiff is that he joined the Army on 30.4.1955 after he was found fit physically and medically. He was declared unfit on medical ground and the Medical Board placed him in category EEE on account of which he was invalidated out of service. He sought disability pension but the same was declined on the ground that the disability was not attributable to military service. He filed an appeal against rejection but no action was taken. He served legal notice under Section 80 CPC on 17.10.1997 to which no reply was received.

(3.) The suit was contested, inter alia, on the plea that the claim was barred by limitation and that rejection of claim for disability pension was justified as disability was not attributable to or aggravated by military service. It was further stated that the rejection was duly conveyed vide letter dated 24.3.1964. Appeal of the plaintiff was also rejected on 1.12.1964.