LAXMAN RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the orders Annex.P -2 dated 22.06.1990, Annex.P -5 dated 10.01.2005 and Annex.P -6 dated 28.02.2005 and a direction to the respondents to grant him disability pension w.e.f. 25.07.1989 when he was invalided out from service.

(2.) BRIEFLY stated the facts and circumstances of the case which are relevant and necessary for the decision of this writ petition are that the petitioner was recruited in Indian Navy on 04.02.1985 after thorough medical examination by the Medical authorities of the Navy, he was found medically fit in medical category "AYE" and at the time of his recruitment he was not suffering from any disease or disability. On being medically examined by the medical authorities of the Navy at the time of recruitment, his vision was 6/6 of both the eyes. The petitioner while in service and performing the Naval duties, suffered Retinitis Pegmentosa and was examined by the Medical Board of respondent after having rendered satisfactory services of over four years and five months he was discharged on 30.05.1989 vide Annex.P -1 on medical ground. According to the petitioner, the petitioner suffered from the disease Retinitis Pegmentosa while performing the naval duties and therefore, the disease for which the petitioner has been discharged and invalidated was attributable and aggravated by naval services. The disability suffered by the petitioner while in naval services has been assessed to 80% arising out of and during the course of his employment with the Indian Navy and was directly attributable to the naval services. However, the disability of the petitioner has increased after his invalidment from Indian Navy. By the instant writ petition, a challenge has been made by the petitioner to the denial of disability pension to him.

(3.) I have heard learned Counsel for the parties.