GURMEET KUMAR Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) Notice of motion.

(2.) Ms. Ranjana Shahi, Advocate appearing on behalf of Assistant Solicitor General who is present in Court has been asked to accept notice on behalf of the respondents. Keeping in view the prayer made and with the consent of the counsel, this petition is disposed of at motion stage.

(3.) The petitioner was enrolled in the Army on 28.2.1993 after having been sound medically fit. On completion of training, the petitioner was inducted to the Regular Army, as a Sepoy and allocated to 115 Engineering Regiment. The petitioner served in Kalin Pong, West Bengal, High Altitude Area, Yol Camp, 119 Assault Regiment etc. It is the case of the petitioner that due to stress and strains of the service, in the year 1996, the petitioner suffered a disease and he was sent for proper medical check up to the hospital and admitted in the psychiatric ward in Command Hospital, Chandimandir. The petitioner was diagnosed as Neurotic Depression- 300 (V-67). Ultimately, the petitioner was brought before the Invaliding Board which down graded the petitioner's medical category "BEE" (Permanent) with 30% disability. He was recommended to be discharged on medical ground and the petitioner was recommended to be discharged. The petitioner was discharged from service on 31.3.1998 after rendering total service of 5 years, 1 month and 14 days. The grievance of the petitioner is that he is not being paid pension consisting of both the service as well as disability element.