GIAN CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was discharged from the Indian Army on Medical grounds with disability of 30% has approached this Court under Articles 226/227 of the Constitution of India praying for a direction to the respondents to sanction and pay disability pension to the petitioner. He further prays for quashing Annexure P/11, the order passed by the respondents rejecting such request of the petitioner.

(2.) The petitioner joined the Indian Army on 27.1.1966 and because of his performance he was given different promotions from time to time and was ultimately discharged on medical grounds from Army on 31.1.1981 after 15 years and 4 days of active service. At the time of discharge the Medical Board assessed the disability of the petitioner at 30% and the case was recommended for grant pension on that basis. However, the case of the petitioner was rejected by the Accountant General Branch. The petitioner moved various representations and then served a legal notice on 21.4.1997 through his counsel. This notice was replied to by the authorities concerned reiterating the rejection on the ground that the disability of the petitioner was neither attributable not aggravated by army service. This compelled the petitioner to file the present writ petition.

(3.) From the above noted undisputed facts it is clear that the service of the petitioner for 15 years 4 days in Army is not disputed. It is also not disputed that he was discharged from the Army on Medical grounds with recommended disability of 30% by the Medical Board. The only objection raised by the respondents earlier and even in the reply filed before this Court now is that "it is further submitted that the petitioner is not entitled to grant of disability pension since his disability was not considered as either attributable to or aggravated by military service. Further, Rule 7(b) is to be read along with Rule 7(c) and it has to be established as a matter of fact that conditions of military service determined or contributed to the onset of the disease ........."