JASWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ petition has been filed by the petitioner under Article 226 of the Constitution of India and in this writ petition it has been prayed that the respondent be directed to sanction and pay disability pension to the petitioner from 2nd May, 1968 onwards at the rate admissible from time to time along with arrears till date with interest at the current bank rate till the realisation of the same.

(2.) Briefly stated the facts of the case are that the petitioner was enrolled in the army (Army Medical Corps) as a sepoy/driver on 23.1.1963 and he served at various stations for about five years till 2nd May, 1968 when he was finally boarded out of service after being declared unfit under medical category 'E' (EEE) as he was found suffering from psychoneurosis.

(3.) It has been alleged in the petition that after his discharge from service, the petitioner applied to the Controller of Defence Accounts (Pension), Allahabad for grant of disability pension but his claim was rejected by the said Controller of Defence Accounts (Pension) vide letter dated 17.9.1968, copy of which is Annexure P.1. It has then been stated in the petition that the petitioner preferred an appeal against the said order but his appeal was also rejected by the Government of India vide order dated 27.9.1972, copy of which is Annexure P.3. It has further been stated in the petition that thereafter the petitioner had been making various representations including the representations dated 4.6.1975, 11.9.1978, 29.11.1983, 9.3.1987 and 14.2.1992, but no reply to these representations was received by the petitioner. It was in these circumstances that the present petition was filed by the petitioner. The writ petition was admitted on 7.3.1994.