LAWS(P&H)-2009-8-283

HARMEET SINGH Vs. UNION OF INDIA AND ANOTHER

Decided On August 26, 2009
HARMEET SINGH Appellant
V/S
UNION OF INDIA AND ANOTHER Respondents

JUDGEMENT

(1.) The petitioner was discharged from service vide discharge order dated 8.11.2004 on medical grounds as a case of 'Alcohol Department Syndrome' by placing him under the medical category S-3 (Temp.) on the basis of the opinion of the medical board held on 4.11.2004. After his discharge, he came to his home at village Boddowal, District Ludhiana and was admitted in Military Hospital at Jalandhar Cantt., Jalandhar from 17.9.2004 to 8.11.2004, re-admitted w.e.f. 5.5.2005 to 10.5.2005, again re-admitted w.e.f. 10.7.2005 to 7.2.2006. Even though, the medical board issued a certificate dated 24.1.2006 that the petitioner is fit for civil service, the petitioner is out of the army service on account of the aforesaid discharge. The petitioner applied for disability pension, which request was declined vide order dated 13.8.2007 and 11.9.2007 (Annexures P-6 and P-7) on the grounds that the petitioner is not entitled to get the disability pension under Regulation 173 of the Pension Regulations.

(2.) The petitioner preferred a second appeal which has also been rejected vide order dated 13.7.2008 (Annexure P-10) stating therein that the case of the petitioner has been considered by the Defence Ministry, Appellate Committee on pension, the Committee has observed that the onset of invaliding disease 'Alcohol Dependence Syndrome' is on account of over indulgence into drinking and is neither attributable nor aggravated by military service. The petitioner has accordingly filed this petition seeking a direction for disability pension.

(3.) Disability pension is payable under Regulation 173 which reads as under:-