UNION OF INDIA Vs. RATTAN LAL

JUDGEMENT

(1.) The medals and certificates with which a soldier is decorated is good for feeding his ego, but is no substitute when he is called upon to meet the challenges of old age, ebbing mental and physical prowess, atrophy of both muscle and brain powers. The sentiments expressed in this petition are the same which were expressed in Wolsey's prayer :

(2.) At a young age of 20 years, the petitioner with excellent health and stout body is said to have joined Indian Army in the year 1963. He was attached as Technical Assistant, Gunner. He is said to have seen action in the war of 1965. Seven years later, he was boarded out of Army being placed in 'Low Medical Category'. The petitioner was seeking disability pension. This was refused in the month of Sept. '87. It was refused on the ground that the disability which resulted in his invalidment from service was neither attributable to nor aggravated by the military service. The decision to this effect was arrived at by the Pension Sanctioning Authority located at Allahabad. The petitioner submits that if an army personnel is boarded out on a ground on which he has been boarded out, then he becomes entitled to full pension for the rest of his life. Having been declined the pension, he approached this court. A writ stands issued. The Union of India has preferred an appeal under Clause 12 of the Letters Patent.

(3.) The learned counsel appearing for the Union of India submits that when the matter was heard by a learned Single Judge of this court, there was no appearance on behalf of respondents and therefore, the Union of India was unable to put across its point of view. The learned counsel therefore, referred to the stand taken in the counter affidavit filed in the writ petition. The stand taken is as under :-