RAMESH CHAND RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Indian Army on 13.11.1973 and was allotted Army No. 13735632. He received injuries while serving in 14 J&K Rifles in 1985 while discharging his official duties. His disability was assessed at 30%. He was denied the disability pension and AGI benefits vide communication dated 16th August, 1999 on the ground that he sought his discharge from service on compassionate grounds. He made a representation on 12th November, 2001 to the Defence Minister of India, which was turned down on 23rd May, 2002 by referring to Army Rule 13(3) Item 3 (iv).

(2.) THE case set out by the respondents is that petitioner had submitted application for discharge from service on compassionate grounds on 3rd April, 1989 and on the basis of the recommendations made by his Commanding Officer, he was discharged on compassionate grounds on 12th April, 1989 under Army Rule 13 (3) Item 3 (iv). The respondents have placed on record the copy of the request made by the petitioner on 3rd April, 1989. One thing is very evident from the application that the petitioner was not in a position to perform the duties, which he used to do efficiently. This was due to the injuries suffered by the petitioner in the year 1985 resulting in 30% disability.

(3.) MR . Sandeep Sharma, Assistant Solicitor General of India had supported the decision of the respondents on the basis of which he was not held entitled to disability pension as conveyed to him on 16th August, 1999 and reiterated in communication dated 23rd March, 2002. I have heard the parties and perused the record.