SANJAY KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition pertains to the claim of disability pension preferred by the petitioner who happened to be a Sapper (SPR) of Indian Army and had been discharged from service on the ground of medical disability.

(2.) RESPONDENTS were put to notice and have filed a detailed counter. The respondents admitted that the petitioner was invalided out of service on medical ground with 100% disability in the category of 'E.E.E who has been suffering from "Insulin Dependent Diabetes Mellitus (250)". It is further stated that the report of the Medical Board with regard to invaliding disease was accordingly communicated to the petitioner. The respondents further submitted that the petitioner was, however, not found eligible for service pension/disability pension, but still an amount of Rs. 75,000/ - by way of disability cover and Rs. 3355/ - as maturity benefits of Army Group Insurance Fund vide cheque No. 0884533 dated 10 Oct.1993 and cheque No. 083640 dated 07 Oct. 1993 drawn on Syndicate Bank have been paid. Besides, the petitioner was also paid an amount of Rs. 3448/ - towards invalid gratuity on 13.8.1997 through Money Order. The disability claim of the petitioner was also submitted to CCDA(P) Allahabad, but the same stood rejected and its decision was also communicated to the petitioner. The petitioner also did not succeed in appeal and his request for disability pension was also rejected by the Ministry of Defence, Government of India. Since the invaliding disease which the petitioner has been suffering is neither attributable to nor aggravated by the duties of the Army service, the petitioner is not eligible for disability pension under Rules in the opinion of the invaliding Medical Board.

(3.) I have heard the learned counsel appearing for the respective parties and considered the rival contentions meticulously.