KULDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner has sought quashing of order dated 26th July, 1998 (Annexure P -l) and order dated 29th August, 2001 (Annexure P -2), - -vide which his claim for disability pension consisting of service element and disability element has been declined and appeal dismissed by the first Appellate Committee, respectively. It is further prayed that a direction be issued to grant disability pension to the Petitioner from the date of his discharge i.e. 1st April, 1997 alongwith interest @18% for delayed payment.

(2.) THE Petitioner was enrolled in the Indian Army (Sikh Light Infantry) as a Solider (Recruit) on 27th August, 1996. At the time of recruitment he was found to be medically fit. However, while undergoing the basic military training at the Sikh Light Infantry Regimental Centre, Fatehgarh, he was admitted to Military Hospital, Fatehgarh and was diagnosed as suffering from "Hypertension". The medical authorities considered him unfit for further retention in service and consequently he was discharged from service after being placed in the medical category "EEE" with effect from 1st April, 1997 with the disability shown due to Hypertension (401). The claim of the Petitioner for grant of disability pension was rejected by the Respondents and convyed, - - vide letter dated 26th July, 1998 (Annexure P -1) and his appeal against the same was rejected, - -vide order dated 29th August, 2001 (Annexure P -2). Hence this writ petition.

(3.) RESPONDENTS upon notice have stated that the Petitioner is not entitled to the grant of disability pension on account of delay and laches as he has filed the present petition after six years. It is further stated that the medical authorities had viewed the disease of the Petitioner as not attributable or aggravated by military service and his disability was assessed as 0% age and further that the disability of the Petitioner was a constitutional disorder and thus, he was not entitled to the grant of disability pension.