AB MAJID SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) ENROLLED as a constable in BSF on 11.6.1969 the petitioner somewhere in 1976 while on leave developed mental disorder 'schizophrenia and on examination by medical board constituted under orders of DIG, BSF Bandipur was awarded medical category EEE and boarded out on ground of invalidation and refused invalid pension to which he was entitled under rules governing his service. Aggrieved thereby he has instituted this writ petition for a direction to respondents accordingly.

(2.) IN their reply affidavit, the respondents while challenging maintainability of writ petition have sought to resist petitioners claim of invalid pension on the ground that he didnt have the qualifying service of ten years to his credit which in terms of relevant rules disentitled him from receiving such pension. During course of submissions while petitioners counsel has reiterated the contents of his writ petition to canvass petitioners title to invalid pension, the respondents counsel in addition to what has been said above also argued that petitioner was not entitled to such pension particularly because the petition was belated by decades.

(3.) WITH agreement of appearing counsel the writ petition is admitted to hearing and taken up for disposal.