GARU RAM Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army on 30.12.1976 and after rendering 22 years of service, the petitioner was diagnosed to be suffering from WPW Syndrome Type-A in the year 1998. Besides this, he was also detected with a depression syndrome. According to the opinion of the medical board, the disease of depression was attributed to stress and strain of military service whereas, the opinion of the medical board in regard to WPW Syndrome Type-A was "could be genetic/family."

(2.) As a consequence of the aforementioned medical disability, the petitioner was invalided out of service vide order dated 30.9.2000. However, the disability pension was denied to the petitioner on account of the fact that WPW Syndrome Type-A was constitutional in nature and neither attributed to nor aggravated by military service.

(3.) It is on account of the rejection of the case of the petitioner for grant of such a disability pension that the present petition has been fled inter alia seeking a mandamus with a direction to the respondents to award disability pension in this case.