RAGHUBIR MALI Vs. UNION OF INDIA

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) This writ petition has been filed by the petitioner seeking payment of disability pension. Petitioner was enrolled in Indian Army as a Sepoy on 11.4.1979 . Having been invalidated out of service in category EEE, he was discharged from the army on 22.6.1982. The petitioner served the Indian Army for a total period of 3 years, 2 months and 12 days.

(3.) Shri K.P. Singh, learned counsel for the petitioner has argued that the petitioner was not granted the disability pension even though the Medical Board, on whose recommendation he was invalidated out of service, clearly opined that his disability was aggravated by military service and that he sustained 20% disability, both of which factors satisfied the requirement of clause 173 of the Pension Regulations for the Army. It was argued that petitioner submitted appeal to the Government of India on 19.1.1985 which was rejected by letter dated 5.12.1985. He thereafter filed another appeal which too was rejected. Learned counsel relied on the judgment of this Court in Brigadier (Retd.) V.K. Sarda, Vr. C. vs. Union of India & Ors., S.B. Civil Writ Petition No. 4033/02 and argued that this Court in aforesaid case held that opinion of the Medical Board cannot be reversed and its findings on the question of aggravation of disease by military service could not be reversed by the appellate medical authority. The writ petitioner in that case was held entitled to disability pension.