CHANDER VIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled as a recruit in the Army on 22nd January, 2002 through Branch Recruiting Office, Jammu. After his recruitment, he was sent for military training in Training Center at Jabalpur. When second medical examination of the petitioner was carried out immediately on his reporting in the Training Centre of Jammu and Kashmir, Rifle Regimental Training Center Jabalpur on 28th January, 2002, the disability of colour PERCEPTION (CP IV) 367 was detected. The petitioner was referred to the Eye Specialist and according to his medical sheet dated 1.2.2002, the Ophthalmologist Lt. Col AMC V.K. Srivastava confirmed the diagnosis and further recommended that the petitioner be examined by the medical board as he is unfit to be retained in the Army. On the basis of opinion of the medical board, the petitioner was invalided out of service in medical category SHAPE5 under Rules 13(3) (III) (IV) of the Army Rules with effect from 14th May, 2002, in pursuance of the opinion of the medical board duly constituted in this behalf. Further case of the petitioner is that he made a request before the Army authorities for the grant of disability pension, but the same has been rejected/denied because of disability of colour blindness though it is neither clearly attributable to nor aggravated by military service. Whereas as per petitioner, the same has been caused due to stress, strain and hazards of the Army service, while in service. The petitioner further stated that his claim for disability pension has been held to be inadmissible, vide communication dated 4 -8 -2003. He submits that he preferred the appeal against the aforesaid order of rejection of disability pension which has yet not been decided by the respondents nor any communication in this regard has been received till date. Aggrieved by the order of rejection of the petitioners claim for disability pension, he has approached this Court for issuance of a writ of mandamus commanding the respondents to grant disability pension in favour of the petitioner having been invalided out of service on medical ground under article 226 of the Constitution of India read with section 103 of the Constitution of Jammu & Kashmir.

(2.) REGULATION -173, of Army Pension Regulation, 1961 contains the primary conditions for the grant of disability pension. For facility of reference, it is reproduced as under: -

(3.) THE admitted facts gatherable from the record are that after his enrollment on 22.1.2002, the petitioner was sent for military training in military Training Center, Jabalpur. The disability of colour blindness was detected on his second medical examination conducted at Jabalpur, training center. Lt. Col. AMC V.K. Srivastava, to whom the petitioner was referred for further medical examination confirmed the disease of colour blindness and further opined in his medical report that the petitioner be brought before the medical Board, as in his opinion he was unfit to be retained in Army. The medical Board in its proceedings dated 22 -04 -2002 confirmed the disability of colour PERCEPTION (CP IV) 367. On the basis of opinion of medical board dated 22.4.2002, the petitioner was invalided out of service in medical category SHAPE5, solely on medical ground.