Karam Singh vs Union of India

R.L. Anand, J.—Karam Singh has filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari quashing the impugned orders dated 11.11.1979 and 11.3.1981 vide which the claim of the petitioner for disability pension has been rejected by the respondents. The petitioner further prays that a direction be issued to the respondents to release the benefit of disability pension along with interest @ 18%.

The case set up by the petitioner is that he was enrolled in the Army on 20.7.1971 as Infantry Soldier. At the time of recruitment, the petitioner underwent rigorous medical tests and examination which were required and mandatory for recruitment by the Board of Doctors of the Army and he was declared fit for service as per their report. The petitioner was placed in the medical category ''A''. After completing the recruit period, the petitioner was posted at various Units for service in plain as well as high altitude areas. Monthly medical examinations were carried out and the petitioner was always found fit for army service. During his posting in the hilly area, the petitioner was seized to disease and was admitted to M.H. Digsahai. He was transferred to various hospitals for checking and treatment. Lastly, he was brought to the Military Hospital, Delhi Cantt. where he was brought before a Medical Board which found him unfit for army service and was discharged on 21.11.1977. The petitioner filed an appeal which was rejected in 1981. The condition of the petitioner deteriorated further and he was admitted to the hospital for treatment. The financial position of the petitioner also deteriorated and he, again, wrote to the authorities for financial help. With this background, the petitioner has prayed to this Court for issuing directions to the respondents to release the disability pension to him.

Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations.

As per the respondents, the disease (Sleep Epilepsy (of generated toxic type) of idiopathic origin) suffered by the petitioner is not attributable to the army service nor it has been aggravated when the petitioner was serving in the army.

I have heard the counsel for the respondents and with his assistance have gone through the record of this case.

As I have stated above, the case set up by the respondents is that the disease suffered by the petitioner is not attributable to the army service but I am not in a position to accept the contention of the counsel for the respondents keeping in view the fact that when the petitioner was enrolled into the Army, he was medically examined and was found fully fit. Periodical tests were conducted upon the petitioner and he was declared fit. We all know that the Jawans of our country perform very arduous duties in plains and hills. While serving in such conditions, various types of diseases are in- curred by them. There is nothing to suggest or prove on the record from which it can be inferred that the disease suffered by the petitioner was constitutional in nature. In these circumstances, a reasonable inference can always be drawn in favour of the petitioner that the disease suffered by him was attributable to the army service.

Resultantly, I hold that the respondents were not right in rejecting the claim of the petitioner for disability pension vide impugned orders dated 11.11.1979 and 11,3.1981 and the same are quashed.

Now, the other point for determination is from which date the petitioner shall be given the benefit of disability pension.

Admittedly, the appeal of the petitioner was rejected in the year 1981. The present writ petition has been filed in the year 1999. The petitioner was discharged from the army on 21.11.1977. In these circumstances, the petitioner can only be extended the benefit of disability pension for a period of 38 months prior to the date of filing of the present writ petition and he will also get the benefit of disability in future on such rates as may be permissible in his case.

Resultantly, I partly allow this writ petition and directions are given to the respondents to release the disability pension of the petitioner within three months from the receipt of a copy of this order, as per the observations made above, failing which the petitioner shall be entitled to interest @ 12%. The petitioner shall appear before the Re-survey Medical Board as and when called. No costs.

Petition partly allowed.