COL M L SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Disability pension has been declined to the petitioners in the two petitions which are being adjudicated upon. It is this action of the Union of India through the Ministry of Defence, which is being challenged by prefering the writ petitions. Respondents have taken stand that disability pension has been declined as the disability said to suffered by the petitioner, was not on account of any exceptional circumstances or on account of stress and strain or factors related to Army service.

(2.) The petitioner came to be enrolled in the Indian Army as Gunner on 23rd of May 1975. He was allocated 31 Medium Artillery Regiment. In the course of performance of his duties he was injured. This injury was suffered when he was loading petroleum and lubricants in the field area on 15th of Februry, 1981. Second Metatarcal Hoderately was fractured. This factor stands mentioned in Annexure-P/1. The petitioner was thereafter boarded out of service. The date of discharge is 16th of August 1983. He was not paid any pension in terms of Regulation 173 of the Pension Regulations. Petitioner has filed this petition claiming pension. He submits :

(3.) The respondents have filed the objections. It is stated that the petitioner was invalidated out of service due to a malady described as "Neurosis 300". The Board constituted for the purpose came to the conclusion that the disability did aggravate due to stress and strain of military service. This disablement was assessed at 20% for the duration of two years. The pension was declined as the Pension Sanctioning Authority negatived the recommendation made by army unit to which the petitioner was attached. What was stated in paras 3, 5 and 10 of objections are relevant. These read as under :-