AJAY KUMAR SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. D.K. Chakrovarty, learned Counsel for the petitioner and Mrs. Sheila Prasad. Standing Counsel Central Government and with their consent this application is disposed of at the admission stage.

(2.) THE petitioner has challenged the order dated 3.9.1997 passed by respondent No. 3, Section Officer, Ministry of Defence, Government of India, whereby the claim of the petitioner for disability pension has been rejected and the said order was also confirmed in appeal by order dated 29.5.2000.

(3.) THE respondents rejected the claim of disability pension of the petitioner on the ground that it was not attributable to the Military service or It was riot aggravated by Military service. Both In the writ application and in the memo of appeal the petitioner made out a specific case that before his joining in the Indian Air Force on 13.10.1986 he was subjected to medical check up at Air Force Station Kanpur and Gorakhpur which is the mandatory requirement in the Air Force Service. In the medical examination the petitioner was found physically and mentally fit and the medical officers issued certificate of his fitness and free from any sort of disease. It is also the specific case of the petitioner that during his stay in the military service for nine years, he was on hard nature of duty for 7 years. It is further stated that the petitioner had to remain in extreme in hospitable places and in confined state which resulted in mental depression.