KARNAIL CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant-writ Petitioner was enrolled in the Army on 19.04.1995. While being in service with Dogra Scouts, he came to be admitted in Section Hospital, 36 Sector on 23.03.1998 for an ailment diagnosed as Complete Deafness in both ears. After being examined in the Base Hospital by the Medical Board, he was downgraded to low Medical Category CEE (P) for two years w.e.f. 20.05.1998 for the disease BILL SENSORI NEURAL DEAFNESS. He is stated to have gone on sanctioned leave for thirty days w.e.f. 10.01.1999 to 08.02.1999. He rejoined the duty on 20.03.1999 F.N. after having overstayed for 39 days, for which he was awarded 28 days Rigorous Imprisonment and 14 days detention by the Commanding Officer, Dogra Scouts.

(2.) The application of the Appellant-writ Petitioner seeking voluntarily discharge from service on 14.08.1998 was not acceded by the Commanding Officer and recommended for his detention in the Army. The Appellant-writ Petitioner again applied for seeking discharge from the Army service on extreme compassionate grounds. This request of the Appellant-writ Petitioner found favour with the Respondents when he was ordered to be discharged from service w.e.f. 31.10.1999. It is pertinent to mention herein that on 08.08.1999, the Medical Board had been conducted for assessing the medical status of the Appellant-writ Petitioner, and his disability was assessed at 40% for five years, which was attributable to the condition of service.

(3.) After his discharged from the army service, his case for disability pension was forwarded to PCDA (P), Allahabad, which came to be rejected on the ground that he was discharged from service on his own request, as such, was not eligible for disability pension. This order was questioned by the Appellant-writ Petitioner in writ petition (SWP No. 1660/2000), in which following directions were issued on 20.08.2002: