DILBAG SINGH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Facts as they emerge from the record of this case are that Petitioner was enrolled in the Army on 1.10.1986. He was discharged from service on 1.10.2002 in accordance with Army Rule 13(3). He was diagnosed under this Rule item III(V) diagnosises (i) TRAUMATIC SYNOVITIS (RT) WITH SECONDARY OA CHANGES and (ii) "HEREDI- ' TARY MACULOPATHY STARGARDTS DISEASE BOTH EYE." Thus he was not recommended to continue in service being in permanent low category. He was granted service pension.

(2.) So far placement of Petitioner in low medical category was concerned, it was for 24 months with effect from 8th December, 2001. Though Petitioner was willing to continue in service, but he was not recommended lor being retained and no alternate appointment was also available to him at that point of time. As such, he was brought before Release Medical Board before his being discharged from service. His disease was found as under:

(3.) In case of his (i) disability, he was allowed disability element in the sum of Rs. 310/- per month with effect from 1st October, 2002 for life and Pension Payment Order was issued on 28.2.2003.