SANJEET KUMAR (EX-SEP) Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, Sanjeet Kumar, was enrolled in the Army on November 17, 1986. During the course of his employment, he was found to have suffered disability of "RHEGMATO GENOUS RETINAL DETACHMENT (RT) EYE" for which he was downgraded to Low Medical Category CEE (Temporary), which on review was up -graded to Medical Category BEE (Permanent) by a Medical Board, held at Command Hospital, Western Command. It was later in October, 1998, that he was found by the Medical Board, held at Military Hospital, Ahmedabad, a case of "UNSPECIFIED PSYCHOSIS. He, however, continued to remain in Low Medical Category CEE (Temporary) from April, 1999. The Competent Authority, there -after approved the petitioners discharge from service w.e.f. July 31, 2001. Petitioners request to serve the Army till completion of his Fifteen Years of Service, was later accepted, cancelling his Discharge. The Medical Board had assessed petitioners over all disability at 35% i.e., "RT EYE RETINAL DETACHMENT (OPTD) 361" AND UNSPECIFIED PSYOHOSIS -298" at 15% and 20% respectively.

(2.) THE petitioner was, there -after invalided out, but without grant of the Disability Pension.

(3.) HE has filed this Writ Petition, seeking quashing of the Principal, CDA (Pension) Allahabads Communication No. G -3/67/03/1 -2002 dated 3 -4 -2002 rejecting his case for grant of Disability Pension, besides seeking a Command to the respondents to consider, sanction, release and pay him the Disability Pension from the date of his discharge, along with arrears. Besides, the Disability Pension, he claims capitalized value of commuted pension too.