EX Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioner was recruited to the Army as Sepoy in the Sikh Light Infantry on 16.1.1976. It is stated that the petitioner was found medically fit at the time of recruitment by the Medical Officer/Board. On completion of the training, the petitioner was posted in 8th Sikh LI Regiment in West Bengal. It is the case of the petitioner that in the year 1979, during intensive rainy season, the petitioner, while performing duties in rural areas of West Bengal, developed severe allergy which subsequently developed in "Bronchial Asthma". It is also stated that the disease was not known to the petitioner prior to joining the Army. He was admitted to the Military Hospital during acute attacks of Bronchial Asthma. The said disease could not be cured and his condition deteriorated. An invaliding Medical Board was convened which degraded the medical category of the petitioner to "EEE". Hence the petitioner was found unfit for Army service. He was invalided out of army service with 30% disability on the basis of the opinion of the Medical Board and discharged from service on 13.11.1979 under Rule 13 (III) (iii) of the Army Rules. The grievance of the petitioner is that even though he was discharged from army service on medical ground with low medical category, but no disability pension has been given to him. The case of the petitioner was forwarded by the Sikh Light Infantry Abhilekh Karyalaya, Fatehgarh (UP) to CA (Pensions), Allahabad alongwith relevant record for grant/sanction of disability pension vide letter dated 28.11.1979 (Annexure P-1). After waiting for some time, the petitioner vide his letter dated 12.8.1981 (Annexure P-2) enquired about the pension which was followed by a number of letters written by the petitioner for grant of pension. Details of such letters/communications written by the petitioner have been given in the writ petition. Having received no response, the petitioner filed a statutory appeal dated 30.12.1997 to the Secretary, Ministry of Defence. However, he was informed vide letter dated 19.1.1998 (Annexure P-13) that he should file a fresh appeal before the competent authority. Accordingly, the petitioner field a statutory appeal on 30.1.1998. The statutory appeal Filed by the petitioner stood rejected vide letter dated 12.2.1998 (Annexure P-16) only on the ground of delay and latches. The petitioner thereafter made a number of further representations and finally filed this petition seeking a direction for payment of the disability pension.

(2.) The respondents have filed detailed counter affidavit. While opposing the petition on the ground of jurisdiction, it is stated that the disease suffered by the petitioner is not attributable to nor aggravated by the Army service. It is also stated that the petition is liable to be dismissed on delay and latches.

(3.) I have heard learned counsel for the parties at length.