NAIK SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is directed against the Annexure P2 dated 12.3.1997 and 16.5.2000. The brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Dogra Regiment on 24.7.1979 and after the completion of Basic Military Training, he was posted to the 7th Battalion Dogra Regiment. He suffered injury while on annual leave on 28th July, 1981 resulting in supra condylar Facture humerus (LT). Consequently, he was placed in low medical category CEE (Temp) for one year w.e.f. 12th October, 1.981. He reported for medical re categorisation and was placed under medical category BEE (Temp) for 2 years w.e.f. 4.11.1982 and remained in the same category up to March, 1984. He got himself medically examined again in March, 1984 and was categorized in category low medical CEE (Permanent) w.e.f. 28.3.1984 and he remained in this category till his discharge from the Army i.e. 1.8.1986. The petitioner was also brought before a Released Medical Board who vide proceedings dated 15.12.1995 issued a released order after medically examining him and he was held entitled for disability pension as per column No. 21 and as per column No. 2 (c) for the injury received in 1981 stated to have been aggravated because of stress and strains of army service. Despite the issuance of Annexure Pl, whereby the case of the petitioner was recommended for disability pension, the claim of the petitioner was rejected on 12.3.1997 vide Annexure P2.

(2.) FEELING aggrieved by the communication dated 18.2.1997, he preferred an appeal which was also rejected on 16.5.2000 vide Annexure P6.

(3.) MR . Ramakant Sharma had strenuously urged that on the basis of Annexure P1, the petitioner was entitled to get disability pension and his claim has been rejected arbitrarily on 12.3.1997. He further submits that the appellate order dated 16.5.2000 is not a speaking order.