DARSHAN SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Brief facts of the case are that the petitioner was enrolled in the Army on September 16, 1988 and was discharged from this service on May 31, 2005, under Rule 13 (3)III (iv) of the Army Rules, 1954 (hereinafter referred to as 'the Rules'), at his own request. While participating in Inter Coy Football Championship on March 16, 1999, the petitioner sustained injury ANTERIOR CRUCIATE LIGAMENT TEAR (LT) KNEEV- 67, Z-090 and was treated in Military Hospital, Meerut with effect from March 16, 1999 to December 23, 1999, Subsequently, he was down-graded to low medical category. Since the petitioner was placed in low medical category and was found to be unfit to perform the duties, he was again got admitted in the Military Hospital (Tangra Valley), Arunachal Pradesh on February 09, 2005 and was discharged from the hospital on February 12, 2005 vide Discharge Slip (Annexure P-1). In the Discharge Slip (Annexure P-1), it was mentioned that the petitioner was "fit to be released from service in low medical category SIHIA2P1E1". It is averred in the petition that after the Release Medical Board assessed the disability of the petitioner at 40% and he was placed in the category of A 2 Permanent, he was discharged from service on May 31, 2005.

(2.) The petitioner was granted service element of pension for the service rendered by him for more than sixteen and a half years, but the respondents denied him the disability pension on the ground that he was discharged from service at his own request.

(3.) The prayer made in this writ petition is for issuing a direction to the respondents to grant the disability pension to the petitioner from the day he was discharged from service.