BALWANT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Letters Patent Appeal has been filed against judgment dated 13.03.2007 passed by the learned Single Judge in SWP No.1356/2006 challenging the dismissal of the writ petition with a prayer for setting aside the same, allowing the writ petition and granting relief prayed for.

(2.) Appellant's plea before the writ court was that at the time of enrolment in the Army he was medically fit and was selected after being subjected to rigorous tests and being found to be not suffering from any ailment. Further plea of appellant was that he developed the medical disability as a result of active service in the army and the same was aggravated on said account and that although service benefit was granted to him, yet he was not granted disability pension. Grievance was that denial of disability pension was totally arbitrary, illegal and contrary to the provisions of Regulation 173 & 173(A) of the Army Pension Regulations 1961, therefore writ of Mandamus be issued commanding the respondents to grant him disability pension.

(3.) That the respondents filed objections to the writ petition stating therein that the appellant was enrolled in the Indian Army on 31.12.1975 and on successful completion of training was inducted as a Sepoy in 18 JAK Rifles. Details of the medical treatment provided to the appellant from time to time for various ailments is reproduced hereunder :