HARCHAND SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Cm No.4435-LPA of 2016

(2.) Lpa No.2137 of 2016 (O&M)

(3.) The appellant is the original writ petitioner who filed writ petition stating therein that he had joined Border Security Force on 01.10.1968 as a Constable. During 1971 Into-Pakistan war, the unit of the appellant/petitioner was deployed in Tangdhar sector in Jammu and Kashmir. During the operation 'Cactus Lily', on the orders of his company commander, he was clearing the mines in the enemy area and while doing so, on 10.07.1972, he sustained mine blast injuries. As a result thereof, the appellant/petitioner was evacuated to the Military Hospital, Sri Nagar and thereafter, to Military Hospital, Pathankot and then to Command Hospital, Pune. The Medical Board of the Command office, Pune declared him Battle Casualty and his disability was assessed as 40% permanent disability and accordingly, a certificate dated 15.01.1974 (Annexure P-1) was given to him. On 05.02.1974, the Medical Board directed that he should be released from service and discharged on invalidment medical ground w.e.f. the same date. Accordingly, the order dated 05.02.1974 (Annexure P-2) was passed by the Commandant of respondent No.4 declaring him unfit for further service. The appellant/petitioner was paid an amount of Rs. 349.40 on account of pay and allowances due to the appellant/petitioner on 25.04.1974 and Rs. 184.40 by respondent No.4 as pay and allowances for April 1974. the appellant/petitioner applied for exgratia grant and was called in the office of Civil Defence, DC Ludhiana, District Animal Husbandry Officer by issuing letter dated 09.11.1976 in that, amount as ex-gratia grant of Rs. 1,000/- was sanctioned to him. The correspondence continued from the appellant on the subject of resettlement project-vest making for boarded out BSF personnel. The appellant sent an application dated 22.11.2006 (Annexure P-23) by registered post to the Commandant, Command Hospital, Chandigarh (U.T.) with all documents including disability pension certificate and then, reminder dated 28.12.2006 (Annexure P-24). The correspondence continued as the documents in the office since were not traceable. Respondent No.4 informed the appellant that the appellant had retired from the Unit on medical ground and his case was too old and the record was not available and was destroyed by burning. The appellant/petitioner again submitted an application dated 20.03.2010 (Annexure P-37) for grant of disability pension and battle casualty certificate because he was battle casualty by the Army Medical Board with permanent disability of 40%. His application was responded by respondent No.4 stating that since the records were destroyed and it was difficult to know whether he had completed 5-6 years of service, an information was being sought. The applicant/petitioner again submitted an application dated 25.04.2010 (Annexure P-39) that he was injured in the mine blast and was medically boarded out. He continued his correspondence and also served a notice dated 18.05.2011 (Annexure P-43) demanding justice. The appellant/petitioner also submitted, vide Para 43 of the writ petition, that his claim was of a recurring nature, namely that he was entitled to disability pension every month and the same having not been paid, the cause of action continued. At any rate, according to him, he had been in correspondence with the authorities for making his claims for number of years and atleast, upto the year 1982 and thereafter, from the year 2006, but then, in so far as the pension is concerned, the primary duty and liability was of the respondents and therefore, it could not be said that he had made any stale claim.