JAGTAR SINGH (EX HAV ) Vs. UNION OF INDIA

JUDGEMENT

(1.) THE medical category of the petitioner was down graded and as a result whereof, he was invalidated from service on account of disability. Disability pension has been denied to petitioner on account of the fact that the disease was not incurred by him during the course of service rendered in the Army. Petitioner has questioned this order in this writ petition.

(2.) THE petitioner came to be enrolled in the year 1984 as Sepoy and was promoted as Havaldar in the year 1999. Petitioner developed headache and pain all over body and after examination by the doctor in the Military Hospital, it was found that he was suffering from Hypertension. As a result whereof, petitioner was put in low medical category by the Medical Board 5 -12 -1997. On re -examination conducted on 6 -12 -1998, it was found that petitioner was still suffering from disability of primary hypertension and was referred to medical specialist. A show cause notice was served on the petitioner on 22 -10 -2000, why he should not be discharged from service on account of his low medical category by invoking rule 13 (3) of the Army Rules. The petitioner finally came to be discharged on 31 -3 -2001. His claim for disability pension was rejected on 31 -8 -2001. Petitioner states that he was discharged from service and also denied disability pension, despite the fact that the disease was incurred by him on account of military service. Since nothing was detected at the time of entry in the service, presumption is that the disease was incurred by the petitioner during military service.

(3.) ON the other hand, respondents state that petitioners invalidating disability was considered neither attributable to nor aggravated by military service, as it is constitutional disease which exists in the body. As such, his claim for disability pension has rightly been rejected.