SURESH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Suresh Chand, petitioner herein, was enrolled in the Indian Army on 16th November, 1977 and discharged on 30th November, 1997 after completion of 20 years and 14 days of service. He was boarded out, for having been placed in low medical category, under Rule 13(3) Item -III (i) of the Army Rules.

(2.) The petitioner, it appears, applied for disability pension as he was discharged on medical ground having suffered "deafness bilateral". His disability was assessed at 20% permanent by the Medical Board (Annexure P -l). This application of the petitioner for the grant of disability pension was rejected on 28th March, 1998 (Annexure P -2) on the ground that disability suffered by the petitioner was constitutional in nature and not related to his service. Petitioner filed an appeal which was rejected by a communication dated 22nd July, 1999 (Annexure P -3) informing the petitioner that the disability on account of which he was discharged from service was constitutional and the Appellate Medical Authority was of the view that there was no history of any trauma prior to the diagnosis of the disability. He was also informed that according to the opinion of the Specialist concerned his disability was neither attributable to nor aggravated by the performance of his duties in the military service.

(3.) Aggrieved, petitioner has filed the present petition for the following reliefs : "(a) impugned orders dated 28th March, 1999 (Annexure P -3) be quashed and set aside. (b) the respondents be directed to allow disability pension to the petitioner from the date of discharge alongwith arrears and interest".