HAKAM SINGH Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ particularly in the nature of certiorari for quashing impugned order dated 31.10.2003 (P-1) passed by respondent No.2 whereby he has been illegally invalided out from service as well as order passed in the month of March, 2018 (P-2) passed by respondent No.1 whereby claim of disability pension put forth by the petitioner has been rejected. And further for issuance of writ in the nature of mandamus directing the respondents to release the service pension and disability pension to him w.e.f. the date of illegal discharge i.e. 14.11.2003 as well as arrears accrued thereupon along with interest @ 15% per annum and grant the benefit of computing disability element from 15% to 50% w.e.f. the date of his discharge i.e. 14.11.2003.

(2.) The contention of learned counsel for the petitioner is that petitioner was enlisted in the Para Military Civil Service in the month of May, 1988 as Constable CT/DVR and after thorough medical examination, he was found fit for service. Accordingly, he joined the respondent-department and served at different places. However, he was illegally and wrongly invalided out from service on 14.11.2003 after serving 15 years, 6 months and 8 days of service vide order No.P-III-99/03-GCH dated 31.10.2003 (P-1). He was discharged from service on 06.04.2004 and certificate of discharge was issued to him. He was granted invalid pension vide PPO No.239030405949 dated 19.03.2004 (P-4).

(3.) Learned counsel for the petitioner further contends that in fact, medical board never opined that petitioner is invalided out from service, rather, the medical board opined that petitioner is unfit for force duties and fit to perform duties of lighter nature whereby the entire proceedings undertaken by the authorities regarding invalided out from service are illegal in the eyes of law and petitioner is entitled to service pension.