KRISHAN CHAND Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Admitted position as has emerged from the records is that the petitioner was enrolled in the Army (JAK RIF) on 10.03.1958 as a Recruit (untrained soldier). On completion of his basic military training and after police verification, he was attested as a Sepoy (Rfn) on 10.01.1959.

(2.) It is also admitted that the petitioner was boarded out of service with effect from 10.03.1967 for invaliding disability "Sciatica Syndrome Left Side" in low medical category "EEE". Finally after medical examination, he was struck off the strength from the army service w.e.f. 10.03.1967. The disability pension case of the petitioner had been forwarded to CDA (P) Allahabad on 29.03.1967. Same has been rejected on 23.06.1967 with an observation that the disability assessed was less than 20 per cent (15-19 per cent). As such no pension is admissible under rules. The decision had been conveyed to the petitioner. In turn, petitioner has submitted an appeal to the Hon'ble Defence Ministry on 8.03.1969 without success as the same has been rejected on 31.10.1969 on the ground that the disability was assessed at less than 20 per cent for which no disability pension is admissible under rules.

(3.) The petitioner had again submitted petition to the Defence Minister alongwith medical certificate, based on the direction issued therein, the petitioner had been brought before the Re-survey medical board. But the disability of the petitioner was again reassessed at less than 20 per cent.