Jaipal Singh vs Union of India and others

R.L. Anand, J.—Ex-Naib Risaldar Jaipal Singh, has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus seeking direction of this Court directing the respondents to grant disability pension to the petitioner with all consequential relief and it has been further prayed that the order dated 19.6.1966 passed by respondent authorities be set aside and the respondent be directed to pay to the petitioner his emoluments with effect from 1.7.1996 till 24.8.1997.

It may be mentioned here that the petitioner is not pressing the second part of the relief as stated above and he is confining his claim only to the disability pension.

Some facts can be noticed in the following manner. As perthe petitioner, he joined the Indian Army on 24.8.1971 when he was a young boy of 17 years and he was placed in category "A". There was no adverse remark by the Medical Board at the time of examining his physical fitness at the time of his entering into military service. In the year 1993 the petitioner was pro-moled to the rank of Naib Risaldar, which rank is of a Junior Commissioned Officer and was required to be retired after completion of 26 years of service. According to the petitioner he should have retired from the army on 23.8.1997. He became invalidated on account of his military service and he was placed in medical category lower than "A". He was discharged from service on 30.6.1996. The claim for disability pension has been declined by the respondenl authorities on the plea that the disease suffered by the petitioner was constitutional in nature and it was not attributable to the army service.

The petitioner filed an appeal. It was not disposed of. He sent a reminder which was relumed to him with the plea that his first appeal has not been disposed of so far. Through the present writ petition the petitioner has prayed that he be given the benefit of disability pension.

Notice of the writ petition was given to the respondents. The stand of the respondents was that the disease suffered by the petitioner "Essential Hypertension-401" is not attributable to the army service. The disease was constitutional in nature and, therefore, the petitioner is not entitled to the benefit of the disability pension. The other service benefits have been given to the petitioner. The respondents prayed for the dismissal of the writ petition.

The petitioner also filed rejoinder to the written statement in which he reiterated the allegations made in the petition by denying those of the written statement and from the pleadings of the parties and the documents placed on this file the short point for determination is whether the disease is attributable to the army service or it is constitutional one.

I have heard Shri Sanjiv Kandal, learned counsel appearing on behalf of the petitioner and Shri Anil Malhotra, learned counsel appearing on behalf of the respondents and with their assistance have gone through the record of his case.

It is admitted and proved on the record that at the time of entering into military service, the petitioner was found fully medically fit. He was placed in category "A". There was no adverse remark with regard to his health. It is also admitted case of the parties that petitioner served the army for 24 years and 10 months and he was found by the medical board a case of hypertension and his disability was assessed at 30% for a period of two years. When the petitioner was found medically fit at the time of his entering into service and there is nothing on record to suggest that at the that time there was any finding against the petitioner, a reasonable inference can always be drawn in favour of the petitioner that the disease suffered by him is attributable to the army service because we all know that in the army the conditions of service are of very high standard and very strict and arduous which are supposed to be performed by the Jawans of his country. They serve the country while serving in the army in plains, high altitude, and even they reside in those areas which are full of snow. They remain in isolation for months and years together from their families and this type of disease i.e. hypertension can easily be suffered on account of these types of duties performed or discharged by the Jawans.

In this view of the mater, this Court is inclined to hold that the disability suffered by the petitioner was not constitutional but it is attributable to the army service. Therefore, the petitioner is entitled to the benefit of disability pension.

Resultantly, this writ is allowed by setting aside the impugned order and it is declared that the petitioner shall be entitled to the benefit of disability pension with effect from 1.7.1996 and the benefit of disability pension awarded by this Court shall be released lo the petitioner within three months from the date of the receipt of the copy of this order, failing which, the petitioner shall be entitled to the interest at the rate of 12%. The petitioner shall appear before the Re-survey Medical Board as and when called upon by the respondent-authorities.

Petition allowed.