MANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide order No. 3396827/Pen/DP dated 27.8.1997, issued by Controller of Defence Account (CDA), grant of disability pension in favour of the Petitioner has been declined. Same order has been maintained by Ministry of Defence in the appeal vide order No. 7(1650)/98/D(Pen-A & AC) dated 5.6.2000.

(2.) Aggrieved thereof, instant petition for issuance of Writ of Certiorari and Mandamus is sought to quash both aforesaid orders and to command the Respondents to pay allowances, Army Group Insurance Fund, APP Fund, amount of gratuity along with interest from the date of discharge from service on medical category/grounds.

(3.) Basically Petitioner was enrolled in the Army on 01 January, 1996. After a spell of one month and eight days, while undergoing basic military training, felt giddy and became unconscious on 9th of February, 1996. He was admitted to Military Hospital, Ramgarh Cantt on 9th February, 1996. After various tests/investigations was transferred to Military Hospital, Namkum on 19th of February, 1996 for opinion of Medical Specialist. He was diagnosed to be suffering from CNS(INV) Seizure. CT scan (brain) (Post Contrast) was carried out at Advance Diagnostic Centre, Ranchi on 24th of February, 1996 on public expenditure. Then again was transferred to Command Hospital, Lucknow on 1st March, 1996 for opinion and management by Neuro-physician Surgeon for disposal like further retention in the service etc.