RAJINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BRIEFLY stated, petitioners case is that he was enrolled in Indian Army on 1.10.1969 and after having served for 7 years and 10 months suffered disablement due to electrocution while on leave at home; where after he rejoined the service and on reference to Medical Board, the disablement suffered, as aforesaid, was found to be of permanent nature and he was discharged from service on 6.8.1977 but disability pension to which he was entitled under rules was not granted in his favour despite requests. Aggrieved there by, he seeks issuance of mandamus directing respondents to release disability pension in his favour on the grounds that the said pension was due to him and the delay involved in demanding the same would not come in his way, because the same is attributable to laches on part of respondents; and that having served the Army with distinction, earning him awards and medals, he could not have been discriminated against, the way it has been done.

(2.) IN their objections respondent -Union of India have pleaded that since petitioners case for disability pension was rejected as far back as in October 1977, against which he did not choose to file any appeal, his prayer for grant of same to him at this point of time grossly suffered from laches and could not be considered as such. They have also pleaded that disability due to electrocution was suffered by petitioner while on annual leave, which could not be attributed to military service nor could it be said to have been aggravated thereby and, finally, that because he failed to file an appeal before competent authority in terms of the Act, the petition was not maintainable. Materials submitted along with the memo of objections include Medical Boards certificates/opinions in respect of petitioner, on basis whereof he was discharged from service.

(3.) DURING course of submissions learned counsel for parties have, besides reiterating the contents of their respective pleadings, also referred to annexures etc. and canvassed their respective contentions.