BRIJ LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Regulation 173 of the Pension Regulations of the Army, 1961 lays primary conditions for the grant of disability pension to an individual invalided out of service on account of medical disability. Regulation 173 reads as under:

(2.) Petitioner joined the Army Service as Rifleman on 18-4-1988, was allotted No. 9088903 and sent for training at JAK LI Centre, Srinagar. Once the petitioner completed the training, he was posted in 13th JAK LI, Jalandhar. Petitioner claims to have performed his duties efficiently and honestly to the entire satisfaction of his superiors. The petitioner was boarded out from the Army Service on medical grounds on 29-1-1990. The Medical Board that examined the petitioner, found him suffering from " PARTIAL G 6 PD DEFICIENCY - 281." and the disability was assessed at 60% for life. The Medical Board further opined that the disability from which the petitioner was suffering, was neither attributable to nor aggravated by military service, and was not connected with service being an inherited genetic disorder. The competent authority accordingly, acting upon the opinion of the Medical Board, rejected petitioner's prayer for grant of disability pension in terms of Regulation 173. The repeated efforts of the petitioner to persuade the respondents to sanction disability pension in his favour also did not bear any fruits. The petitioner was thus, left with no other option but to approach this Court through the medium of Writ Petition, registered as SWP No. 644/2001. This court vide order dated 9-4-2001 disposed of aforesaid writ petition with a direction to the respondents to consider the case of the petitioner and pass a speaking order. The respondents in compliance to the direction of this court, passed a speaking order on 31-8- 2001( Annexure-E).

(3.) The petitioner aggrieved of the order dated 31-8-2001, has approached this court with fresh writ petition to set right his grievance. The petitioner after detailing the facts and events relevant to the controversy, has sought the following relief: