Nachhatar Singh vs Union of India and another

Mehtab S. Gill, J.—Feeling aggrieved by the orders dated 22.2.1982 and 23.8.1985, copies annexures P2 and P7, vide which disability pension was not sanctioned to the petitioner and his appeal was rejected with some modifications, he has knocked the door of this Court by filing this writ petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of Certiorari for quashing the said orders with a further direction to the respondents to sanction disability pension to him.

The case of the petitioner, in brief, is that he joined Indian Army in year 1971 in the Artillery as G.N.R. At that time, he was perfectly medically fit having category AYE. He was taken in the Army Service after passing the Medical Board. He was found medically fit and allowed to join the Army. In the year 1979, the petitioner unfortunately fell victim to a disease diagnosed as Neurosis. The case of the petitioner was approved by the Medical Board for allowing him disability pension as the disease was caused during service in the Army and was forwarded to the Controller of Defence Accounts (Pension), Allahabad who rejected the same. The relevant pan of impugned order, Annexure P2, reads as under :

Disability Pension - Rejection of

After a careful consideration of your case, it has been intimated by the CAD(P) Allahabad that the disability which resulted in your invalidment :

(a) is not attributable to military service;

(b) does not fulfill the following conditions, namely that it existed before or arose during military service and has been or remains aggravated thereby.

xx xxxxxx".

The case of the petitioner has been vehemently denied by the respondent- authorities on the ground that the disease is a constitutional one and is not attributable to the military service nor aggravated by the Military Service and as such the petitioner is not entitled to the disability pension.

I have heard Mr. B.S. Sehgal, Advocate for the petitioner and Mr. Anil Rathee, Additional Senior Standing Counsel for the Union of India and perused the entire record.

The counsel for the petitioner has relied upon the judgment rendered on 10.7.2000 in the Civil Writ Petition No. 6668 : 2000(3) SCT 952 (P&H) titled as B. Sergeant Satnam Singh Bajwa v. Union of India. The concluding part of the same reads as under :

"By relying upon the judgment of the Hon''ble Supreme Court and the judgment of the Division Bench of this Court, referred to above, I allow this writ petition and grant the relief to the petitioner by giving directions to the respondents to release the disability pension of the petitioner with effect from 28.12.1996, within three months from the date of the receipt of the copy of this order, failing which, the petitioner shall be entitled to interest at the rate of 12%. No order as to costs. The petitioner shall appear before the Re-Survey Medical Board, if called upon by the respondents."

Mr. Anil Rathee appearing for the Union of India has candidly conceded that the case of the petitioner is akin to the case covered by the judgment in B. Sergeant Satnam Singh Bajwa''s case (supra) and he has not seriously opposed the claim of the petitioner.

Faced with this situation, the writ petition of the petitioner is allowed and the impugned orders are quashed. The petitioner is held entitled to the disability pension which shall be assessed strictly according to Rules. The same be released to the petitioner within three months from the date of receipt of copy of this order failing which the petitioner shall be entitled to interest at the rate of 12% per annum. No order as to costs. The petitioner shall, however, appear before the Re-Survey Medical Board, if called upon by the respondents.

Petition allowed