SEP. NAURANG LAL, EX. NO. 2857813 Vs. UNION OF INDIA (UOI) THROUGH SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF DEFENCE AND ORS.

JUDGEMENT

(1.) CHALLENGE in this petition filed under Articles 226/227 of the Constitution of India is to the order rejecting the disability pension claim of the petitioner.

(2.) BRIEF facts of the case are that the petitioner was initially enrolled in the Raj Rifles on December 07, 1965 and was discharged on April 05, 1971, at his own request on extreme compassionate grounds. He had rendered five years and 120 days qualifying service. He got himself re -enrolled in Defence Security Corps (for short 'DSC') on May 15, 1974. After re -enrollment, the former service of the petitioner was counted towards DSC service for enhanced rate of pension/gratuity, as per the option exercise by him in terms of Government of India, Ministry of Defence, letter dated March 03, 1983. He was transferred to Pension Establishment with effect from June 01, 1984, on completion of terms of engagement and, as such, the petitioner had rendered ten years and 08 qualifying service and the aggregate qualifying service rendered by him in both spells was fifteen years and 128 days.

(3.) IN the written statement filed by the respondents, it was pleaded that the petitioner did not fulfill the criteria for disability pension as his disability on account of the disease of 'Diabetes Mellitus 250/V.67' had not been found attributable to or aggravated by military service by the competent authority.