HARBANS LAL RAINA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITION stands admitted.

(2.) THE facts as stated by the respondent in the counter affidavit filed by them even if taken on its face value would not disentitle the petitioner to claim disability pension and other pensionary benefits.

(3.) IN the brief history of the case as given by respondent, it is submitted that the petitioner was enrolled in the indian Air Force on 21st May 82. He was discharged from service on 4th March 96 . This was under Rule 15 of the Air Force Rules of 1969. His retention in the Air Force was found to be unsuitable being a habitual offender. By that time the petitioner had rendered 13 years and 194 days of service. A Release Medical Board was also constituted. The petitioner was found suffering from the disease know as Other Non -Organic Psychosis. The disability was assessed at 30 percent. The claim of the petitioner for grant of disability, pension was forwarded to the Pension sanctioning authority at Allahabad. This was rejected on 11th Sept 97. This was on the ground that the disease from which the petitioner came to suffer is neither attributable nor aggravated to by the army service. The petitioner preferred an appeal but this was also rejected.