NANAK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has been denied disability pension. He had approached this court. He has rendered 23 years of service. He was complaining of gradual domination of vision of right eye. He was brought before the Medical Board. The Board found that petitioner had developed a Macular Scar of right eye. At that point of time, as indicated above, the petitioner had rendered 23 years of service. He was a driver. As his vision was diminishing he was boarded out of service. As indicated above, he was denied disability pension.

(2.) THE opinion of the Medical Board was that though the petitioner was suffering from Macular Scar right eye 370 but is not of good bodily health and has no prospect of an average duration of life. The disability of the petitioner was assessed at 20 percent. It is precisely in this basis, the disability pension has been disallowed.

(3.) IN the brief history given by the respondents, it has been mentioned that..." the disability if the petitioner was assessed at 20% for two years by Release Medical Board. Accordingly the disability pension claim of the petitioner was forwarded to Chief CDA (Pension) Allahabad for their adjudication vide ASC Records (MT) letter No.13836573W/Pen/Disb dt.21 -10 -93. After due examination of the case. Chief CDA (Pension) Allahabad vide their letter No.G -3/82/276/11/93 dt.29.3.1994 rejected the disability pension claim of the petitioner on the plea that the disability for which the individual suffered during his service and on which his claim is based, is neither attributable to nor aggravated by military service and does not fulfill the condition, namely it existed before and has remained aggravated thereby..."