LAWS(J&K)-2012-1-15

UNION OF INDIA & ORS Vs. HABANS SINGH

Decided On January 30, 2012
Union Of India And Ors Appellant
V/S
Habans Singh Respondents

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge dated 27-07-2009 passed in SWP No. 449/2002.

(2.) To narrate the brief facts, the contesting respondent herein came to be enrolled in the Army on 23-09-1976. He was invalidated from service due to disability which was noted as "Non-organic Psychosis 298". The said invalidation and discharge was carried out based on the opinion of the Medical Board dated 05-10-1982. By virtue of said invalidation and discharge the contesting respondent was not even granted the disability pension. Aggrieved against the same, the respondent herein came forward with the present writ petition seeking for issuance of Writ of Mandamus for release of disability pension in his favour w.e.f the date he was invalidated from Army service on medical grounds.

(3.) The claim of the respondent was resisted by the appellants by contending that, by virtue of para 173 (I) of Pension Regulation for the Army 1961 unless the disability was attributed to the Military service rendered by the respondent and as such disability was more than 20%, he was not entitled for grant of disability pension. It was contended by the appellants that the Medical Board in its opinion categorically stated that the disease suffered by the respondent was a constitutional disease unconnected with service condition and that in column 2 (a) of part-3 of the opinion of the Medical Board, it was specifically noted that it was not attributable to service during peace or under field service conditions, nor it was aggravated thereby and remains so and therefore the said medical opinion was duly acted upon. In these circumstances though the disability was in the order of 40%, the respondent was not granted for disability pension.