MOHINDER SINGH Vs. UNION OF INDIA
LAWS(DLH)-2007-4-134
HIGH COURT OF DELHI
Decided on April 20,2007

MOHINDER SINGH, SHRI BALWANT SINGH, VILLAGE SALANA BET, TEHSIL SAMRALA, DISTRICT LUDHIANA, STATE OF PUNJAB Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

S.N.AGGARWAL, J. - (1.) After more than 36 years of his discharge from Army Service, the petitioner has filed this writ petition seeking a writ of certiorari quashing the impugned orders dated 26.9.1970 (Annexure P-1) and order dated 13.6.1985 (Annexure P-5) passed by the respondents denying him disability pension. This writ petition is liable to be dismissed as barred by time and laches as there is unexplained delay of more than 36 years when the petitioner was invalidated out of service on medical ground that he was low medical category E.
(2.) The petitioner was enrolled in Indian Army as Sepoy on 12.2.1963 and he was boarded out of military service on 26.9.1970 on medical ground that he was low medical category E as per opinion of the Medical Board. His discharge was under Rule 13 item III (iii) of Army Rules, 1954. After his discharge, the petitioner had filed the statutory petition before the concerned Army authorities for grant of disability pension to him but the same was finally rejected vide order dated 13.6.1995 passed by the Directorate General of Supply and Transport, Quartermaster General's Branch, Army Headquarters, New Delhi.
(3.) The request of the petitioner for grant of disability pension was rejected by the Army Authorities on the ground that the disability suffered by the petitioner was neither attributable to nor aggravated by military service and as such he was not entitled to grant of any disability pension. It seems that the petitioner remained contended after receiving the said order from the Army authorities rejecting his claim for grant of disability pension. The request for disability pension made by the petitioner was rejected way back in June'1995 and it seems that the petitioner remained contended with the reasons given in the impugned order dated 13.6.1995 for rejection of his claim for disability pension till he filed the present writ petition after about 12 years of final rejection of his said claim. The delay in filing of this writ petition is remained totally unexplained.;


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