HARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this judgment, I purpose to dispose of Civil Writ Petition Nos. 18116 of 1996, 9091 of 1997, 16501 of 1997 and 10827 of 1997. The facts being common, have been taken from Civil Writ Petition No. 10827 of 1997.

(2.) The petitioner was enrolled in the Army on 20th December, 1975 and was boarded out on 13.10.1982 being medical category EEE with 70% disability as suffering from Schizophrenia. The petitioner thereafter made a number of representations for the grant of disability pension but his claim was finally rejected by the Chief Controller of Defence Accounts (Pension), Vide his letter dated 8.3.1983, Annexure F-4 to the petition. He filed an appeal and this too, was rejected by the Secretary, Ministry of Defence, vide his letter dated 14.10.1985, Annexure P-6 to the petition. A subsequent appeal/representation filed in December, 1985 met the same fate and this information was conveyed to the petitioner on 4.8.1986 vide Annexure P-7 to the petition. Despite the denial of his claim, the petitioner still continued to make representations, but to no effect. The present petition has, accordingly, been filed by him through his wife Inderjit Kaur as he is suffering from a disability and as such unable to look after his affairs.

(3.) Notice of motion was issued in this case and a reply has been filed by the respondents. The stand taken is that though the petitioner was disabled to the extent of 70%, but he was nevertheless not entitled to the payment of disability pension as his disability was neither attributable to nor aggravated by military service, as per the advice of the medical board that had examined him on 15.9.1982.