SOHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was placed in medical category FEE He has been boarded out of service but has not been paid the disability pension. He has accordingly approached this court.

(2.) THE petitioner submits that he offered himself to join the Indian Army as Sepoy. He was subjected to written test and after he was thoroughly examined by the Board of Directors, who declared the petitioner as medically fit, he was enrolled as Sepoy on 15th Nov84. He was sent for training at Ahmad Nagar in Maharashtra. He was allotted War Tank Driver/Operator trade. He was posted with unit 5 Armed Regiment/AC, Ferozpur Cantt. The petitioner alongwith other army personnel was directed to undergo War Tank Driving in border area of Hussainwalla. It is submitted that while performing war tank driving exercises, he received injury on his right testicle, he brought this fact to the notice of Troop leader but no attention was paid to the complaint made by the petitioner. The petitioner, on the other hand, it is submitted was directed to carry on the exercise programme. However, on account of the injury sustained, there was swelling in his right testicle. The petitioner was accordingly admitted in the hospital. He was under treatment for quite sometime. As there was no improvement, the petitioner was put in medical category aforementioned and was boarded out of service on 13th Feb 90. The requisite averments in this regard are made in paragraphs 7 and 8 of the petition. The disability of the petitioner according to him was assessed to the extent of 80 percent. It is submitted that a recommendation was made by the Medical board as also by the army authorities to grant disability pension. This was, however, declined by the Controller of Defence Accounts. Petitioner after having failed to get the requisite relief from the respondent authorities and after consistent representations preferred by him met with no success. He has accordingly approached this court through the medium of present writ petition.

(3.) THE stand taken by the respondents is that the medical board did assess the disability at 80 percent for two years. It is submitted that the petitioner was found to suffering malignancy. It has, however, been concluded that this was not on account of hazards of military service. The assertion made by the petitioner that he was found medically fit at the time of enrolment has not been denied. It is urged that certain inherited diseases cannot be identified at the time of original enrolment. It is accordingly submitted that the petitioner is not entitled to disability pension.