RANBIR SINGH Vs. UOI AND OTHERS

JUDGEMENT

(1.) Petitioner who came to be enrolled in the army on 28th of March '79, was invalidated out of service on 19th of Feb '86, after rendering six years, ten months and 23 days of service. He was placed in low medical category BEE (Permanent) and the disability from which he was suffering was detected as Sick Sinus Syndrome (Brady Cardia). The disability of the petitioner was assessed at 30%. The case of the petitioner was forwarded to the office of Controller of Defence Accounts (Pension), Allahabad, but the same was rejected on the ground the disability suffered by the petitioner is not attributable to military service. The said rejection of the claim of the petitioner by the respondents is the subject matter of challenge in the present petition.

(2.) The grievance of the petitioner is that at the time of enrolment, the petitioner was not suffering from any such disease. It is stated that he remained in service for more than six years and during the said period he was posted at different stations and it was due to the regular changed climatic conditions that the petitioner developed the disease namely Sinus Brady Cardia, and therefore, the same cannot be said to be a disease not attributable to army service. It is further stated that the disability of the petitioner has been assessed at 30%, and as such, in accordance with the Pension Regulations for the Army, in case the disability is assessed at more than 20% and the same is attributable to army service, then the disability pension cannot be denied by the respondent Union of India.

(3.) Respondents in their objection have stated that the petitioner was discharged from service on account the aforementioned disability in terms of Regulation 173 of Army Pension regulations 1961 (Part-I). It is stated that the Medical Board had assessed the disability of the petitioner at 30% but the same was found not attributable to army service. It is further stated that the concerned Unit of the petitioner had recommended the case of the petitioner for retention in service but the same was not accepted by OIC Records. The case of the petitioner was accordingly forwarded to the Pension Sanctioning Authority at Allahabad, but the said authority rejected his claim on the ground that the disability of the petitioner is not attributable to army service. It is thus stated that the petitioner cannot be allowed the benefit of disability pension. The writ petition is also sought to be dismissed on the ground of delay and laches.