DALBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as a Driver (MT) in the Indian Army on 29.5.1989. He served as a member of the force till 30.11.1995, when he was medically invalided and resultantly discharged "as not upto the prescribed Military Physical Standard" on 30.11.1995. Initially the petitioner waited for grant of disability pension to him but having failed to get the same, he made a representation on 14.2.1996 but the same was rejected by the respondents vide letter dated 17.3.1996. The petitioner served a notice through his counsel dated 24.2.1997, which was replied to by the respondents on 30.6.1997 finally rejecting the request of the petitioner on the ground that disability resulting in the discharge of the petitioner from the Army was neither attributable nor aggravated by the military service. It was further stated that it was a disability of constitutional nature and unrelated to the conditions of service of military. The petitioner aggrieved from this order of the respondents, copy of which is annexed to the petition as Annexure P-5, has filed the present writ petition under Articles 226 and 227 of the Constitution of India praying for quashing order dated 14.2.1997 (Annexure P-2) and order dated 5.3.1997 (Annexure P-2A) and for a direction to the respondents to pay disability pension to him.

(2.) Upon notice, the respondents have filed detailed reply taking more or less the same stand as has already been stated in annexure P-5 and prayed for dismissal of the writ petition.

(3.) There is no dispute to the effect that the petitioner was put to a medical examination before his enrolment in the Army and at that time no adverse remark was noted in his joining report or service record in relation to his health or otherwise. It is also not disputed that the petitioner was discharged from the Army after recommendation of a Medical Board which declared him unfit to continue to the Indian Military Service. A photocopy of the opinion of the Medical Board (Part-HI) has been placed on record. It will be relevant to refer to the following columns of the said form, which reads as under