GULAB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been field by the petitioner claiming disability pension. The petitioner has alleged that he was enrolled on 16.8.1995 in the Indian Army and was discharged from service on 17.11.1996. He served in the Army for a period of one year and three months only. The petitioner submits that he was boarded out of Army service after the Medical Board recommended considering his medical condition. Petitioner submits that before his enrolment in the Army, he was subjected to thorough medical examination and he was found fit in all respects. He completed his basic training and was assigned to 22 Punjab Regiment, where he served as Sepoy in Poonch - Rajori (Jammu and Kashmir). Petitioner submits that it was an operational area and he developed trouble in his right ear during service. He was treated at the Army hospitals at Barelli and Lucknow for further treatment.

(2.) HIS further case is that after his discharge from the Army on 16.11.1996, he returned to his village where he is still living. In the year 2000, petitioner met one Shri Sanjiv Kumar Bansal, who was also enrolled as Sepoy in the Indian Army in Punjab Regiment and had been discharged from Army on medical grounds on having incurred permanent disability. He was informed by this person that Army had not given him any disability pension, resultantly he had filed a writ petition being CWP No.317 of 1997 in the High Court, which was decided in his favour on 1.1.1998.

(3.) IN the reply filed by the respondents preliminary objections have been taken to the effect that the disease from which the petitioner was suffering, was neither attributable to nor aggravated by Army service and that disability was less than 20%. Objection regarding delay and latches was also raised by the respondents.