CHATAR SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner by this petition for writ has prayed for directions to the respondents to grant disability element of pension to him as he was entitled to be treated as invalid at the time of his release being in a lower medical category than that in which he was recruited. The categorisation to a lower medical category was as a consequence of disability arose which is attributable or aggravated during the services of Indian Air Force.

(2.) The facts necessary for adjudication of the present writ petition are that the petitioner was enrolled in the Indian Air Force on 27.12.1967 in the Non-technical Stream. At the time of enrollment with the Indian Air Force the petitioner was thoroughly examined by competent medical officers and was placed in medical category 'AYE'. The petitioner was again medically examined before commencing of the training at Jalahalli (Banglore) and he was again placed in medical category 'AYE'. After successfully completion of training the petitioner was posted to a Field Unit in the Eastern Sector and was also attested with Indian Air Force on 29.12.1969. The petitioner was promoted to the rank of Corporal in the year 1972. The petitioner was selected for re-mustering to the trade of Instructor/Repairs II. At the time of 1 selection for re-mustering for the trade referred above, the petitioner was again medically examined and he was placed in Medical Category 'AYE'.

(3.) The petitioner was placed in Medical Category 'CEE' (Temporary) for a period of six months and then Medical Category 'GEE' (Permanent) in the month of Dec. 1976. The petitioner, thereafter, was promoted to the rank of Sargent in the year 1987.