Decided on January 11,2007

UNION OF INDIA Respondents


SWATANTER KUMAR, J. - (1.) The petitioner was enrolled in the regular Army as a combatant soldier on 11.6.1980 after having been found physically and medically fit. No adverse remarks or deficiency was noticed by the Recruitment Medical Officer in Form AFMSF-2. According to the petitioner because of his hard work and sincerity he was promoted upto the rank of Havaldar in his own turn. In his entire service career he did not get any adverse remark or entry. His service profile was excellent. He served the Indian Army till 30.6.2004 when he was invalided out from military service being discharged on the medical grounds. During this period, the petitioner was posted to various peace and field stations with the Infantry Battalion. Because of the hard service conditions and postings at places of high altitude, the petitioner developed heart problems and was treated in the military hospital for Coronary Artery Disease (D.V.D.) and two stunts were placed by doing angioplasty and he was placed in Low Medical Category B-III (temporary) for 24 weeks. The petitioner thereafter was brought before a properly constituted Medical Board which recommended that the petitioner be released in Low Medical Category PIII (Permanent) with 50% disability pension. The disability pension according to the petitioner is granted under the provisions of Regulation 173 of the Pension Regulations for the Army, 1961, Part
(2.) After the discharge of the petitioner he was not granted disability pension which according to the petitioner is contrary to Regulation 423 of the Government of India, Ministry of Defence Guide to Medical Officers as the disease of the petitioner was attributable to and/or aggravated by the military service. Aggrieved with the said order the petitioner served upon the respondents a notice under Section 80 of the Civil Procedure Code on 16.2.2006 which was replied to by a letter dated 22.3.2006 taking the same stand that was earlier taken by the respondents, resulting in filing of the present writ petition.
(3.) The respondents have filed their counter affidavit. The petitioner was discharged from service under Army Rule 13 (3)(i) on completion of the terms and conditions of his engagement. He was placed in Permanent Low Medical Category due to disability i.e. Coronary Artery Disease (D.V.D) (POST PTCA) (RCA and LAD). The claim of the petitioner for grant of disability petition was declined against which petitioner preferred an appeal in terms of a circular 318 dated 15.9.2003 which was rejected as being neither attributable to nor aggravated by the military service. The petitioner was granted service pension vide PPO dated 20.2.2004 The petitioner was advised to file an appeal against the decision of the Appellate Committee within a period of 6 months but the petitioner is stated to have not availed of the said opportunity. According to the respondents, there is no ground for interference in the order passed by the concerned authorities.;

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