Kartar Singh vs Union of India

R.L. Anand, J.—Ex-Signalman Shri Kartar Singh has filed the present writ petition under Articles 226/227 of the Constitution of India and he has prayed that a writ in the nature of certiorari be issued against the respondents by quashing the order Annexure P-3 dated 4.3.1998 vide which the claim of the petitioner for grant of pensionary benefits have been declined. The petitioner has further made a prayer that a writ in the nature of mandamus be issued agasint the respondents directing them to release the benefit of disability pension to the petitioner with effect from 27.11.1968.

The case set up by the petitioner is that he was enrolled as Signalman in the Indian Army on 14.5.1963. His entry into the army service was subject to medical examination which was duly conducted by the authorities. He was found fit in all respects. There is no mention of any disease in the record prepared by the respondent-authorities at the time of the enrollment of the petitioner into military service. It is alleged by the petitioner that due to stress and strain of the military service, the petitioner developed the disease. This disease went on aggravating and ultimately he was discharged from the service on 27.11.1968 on the plea that he is a case of "Chronic Anxiety State". According to the petitioner, the disease suffered by him is attributable to the army service and, therefore, he is entitled to the benefit of disability pension.

Notice of the writ petition was given to the respondents. They filed the written statement and denied the allegations. According to the respondents, the petitioner was enrolled in the army on 14.5.1963 and he was discharged from service on 27.11.1968, He was invalidated out from service by a Medical Board held at Military Hospital, Ahmedabad. As per the opinion of the Medical Board, the disease of the petitioner was neither attributable to service during peace or under field conditions nor it has been aggravated thereby. According to the respondents, this disease is not connected with the service. The petitioner had rendered total five years and 198 days of service. He was not eligible for any type of pension under the rules on account of the disease namely chronic anxiety state. It is also the stand of the respondents that the present writ petition is liable to be dismissed on account of delay and laches.

I have heard the learned counsel for the parties and with their assistance have gone through the record of this case.

It is the common case of the parties that petitioner was enrolled in the army service on 14.5.1963 and he was invalidated out from service on account of the disease (chronic anxiety state). As per the stand taken up by the respondents, it is admitted that the disease was developed during December 1965 and it was fully investigated and treated at Military Hospital Anudh from February 6, 1966 to July 16, 1966. In these circumstances and in view of the admission of the respondents as contained in para No. 6 of the written statement, there is no difficulty on the part of this court to hold that the disease suffered by the petitioner is attributable to the army service.

As to whether this disease was constitutional in nature or not, it is established on the record prima facie that when the petitioner was enrolled in the service he was found fit and there is no adverse entry in his record. In this view of the matter, 1 am not in a position to hold that the petitioner was suffering from a constitutional disease.

The next point for determination is whether the petitioner is entitled to the benefit of disability pension from 1968 or for a period of 38 months prior to the date of the filing of the present writ petition.

It is the case of the petitioner himself that he was discharged from the army on 27.11.1968. The present writ petition was filed in the year 1998 after a lapse of 30 years.

In this view of the matter, I am not inclined to give any relief to the petitioner from 1968. Of course, the petitioner would be entitled to the benefit of disability pension only for a period of 38 months which shall be calculated prior to the date of the filing of the present writ petition. The petitioner shall get the benefit of disability pension according to rules for the future. The petitioner shall appear before the Re-survey Medical Board as and when called upon by the respondent-authorities. There shall be no order as to costs. The benefits of disability pension as indicated above shall be released to the petitioner within a period of 3 months from today failing which the petitioner shall get the benefit of interest at the rate of 12% per annum.

Petition allowed.