BALRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) AGGRIEVED of an order No. G3/53/1093/11/99 dated 1.3.2000 issued by the Chief Controller of Defence Accounts (Pension), Allahabad whereby claim of the petitioner for disability pension has been rejected, petitioner has approached this court seeking quashment of the aforesaid order and consequently a direction in the nature of mandamus for grant of disability pension with interest.

(2.) AS per averments made in the petition, petitioner joined Army service as recruit on 24.9.1982 and was allotted No. 14480430Y. After undergoing training at Artillary Centre, Hyderabad, petitioner was posted in 121 Med Battery, thereafter to 285 Med Regiment. He claims to have remained posted in Srinagar, Punjab, Assam and Leh, It is also averred in the writ petition that the work of the petitioner was highly appreciated by his superiors and on the basis of his seniority and work, he was promoted as Naik in the year 1994. It is also stated that at the time of entry into Army, he was examined by a Board of Officers and Doctor. He was found fit in all respects. It was only in the year 1988, the petitioner fell ill and he was brought in medical category and finally invalidated out from service by the Medical Board on 28.6.1999. Petitioner has put in 16 years and 278 days of service in the Army. Petitioner's case was considered for grant of disability pension and rejected by the Chief Controller of Defence Accounts (Pension), Allahabad vide Order No. G3/53/1093/11/99 dated 1.3.2000 on the ground that disability was neither attributable to nor aggravated by the military service and constitutional in nature and not related to service. This rejection order was served upon petitioner vide No. DP -5/941/Pen -2 dated 23.3.2000. Petitioner's discharge has been ordered under Rule 13 Sub -rule (3) item (iii) having been found medically unfit for further service. Petitioner claims to have received medals i.e. 'Sainya Seva Medal Assam Bengal', '9 Years Long Service Medal', 'Special Service Medal J&K; OP Rakshak' and High Altitude Medal J&K.;' It is further alleged that the disease suffered by the petitioner, was due to stress and strain by military service.

(3.) PARA -173 of the Pension Regulations for the Army, 1961 Part -1 deals with the grant of disability pension, which is reproduced hereunder: -