KARNAIL SINGH (EX-HAV ) Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER is clamouring for grant of disability pension but the respondents are denying it to him on the plea that he had sought voluntary discharge from the army and that his disability was not attributable or aggravated by the military service.

(2.) PETITIONER was enrolled in the army on 28 -7 -1971. He appears to have developed some heart ailment and was first admitted to Military Hospital in December, 1974. He was then subjected to examination by the Medical Board and was placed in the low medical category "BEE". He was eventually discharged on 31.1.1992. He seems to have thereafter pursued his case for grant of disability pension but he was informed by communication dated 25.10.1992 that he was not entitled to it. He thereafter made representations and at one stage his case was recommended and forwarded to CCDA (Pensions) vide communication dated 25.9.1992. He was again asked to seek a fresh medical opinion and was ultimately intimated by letter dated 30.9.1994 that he was not liable to be granted disability pension as his disease was not attributable to military service.

(3.) PETITIONER has questioned the action of respondents on the plea that the order rejecting his request for grant of disability pension was not a speaking order and it even did not indicate the disease suffered by him. It is also submitted that since he had contracted the disease during the military service and was even being treated in the military hospital even after his discharge, therefore, the respondents could not turn round and deny him the disability pension on the ground that his ailments was not attributable to the military service. He has derived support from AIR 1997 SC 565, 1996(3) SCT87, 1996(3) SCT778, 1996(3) SCT441&446.