Decided on January 11,2007

UNION OF INDIA Respondents


SWATANTER KUMAR, J. - (1.) The petitioner was enrolled in the 2 Kumaon Regiment on 15.7.1942. The Second World War broke out and India was a part of the allied forces during the period 1944-45. The petitioner claims to have participated in the said war when the Japaneese Forces attacked India through Burma. During one operation, while the petitioner was holding a light Machine Gun of his Rifle Company, he received a burst fire in his right leg from the enemies. Inspite of bleeding, he fought. This action of bravery was appreciated by his Commanding Officer, Lt. Colonel Robertson. The petitioner became a battle casualty and was discharged from the service upon invalidation by a duly constituted Medical Board on 1.4.1941. The petitioner claims that he was entitled to and should have been granted disability pension as the same had not been paid to him for all these years and he has filed the present petition on 14.12.2006. In order to substantiate his claim, the petitioner has placed on record a copy of the booklet showing that the Medical Board subjected the petitioner to medical examination and that he was discharged under Rule 13 (b).
(2.) It is contended by the learned counsel appearing for the respondents that the present writ petition has been filed after a lapse of more than 61 years as such the petitioner is not entitled to the prayed relief and the writ petition is liable to be rejected on this ground.
(3.) The learned counsel appearing for the petitioner has relied upon the judgments of this Court in the case of Smt. Freda James vs. Chief of Air Staff and Ors., W.P.(C) NO. 11764/2005 decided on 16.11.2006 and the cases of Ex Signalman Shri Bhagwan vs. Union of India, 103 (2003) DLT 369/269 and Hoshiar Singh vs. Union of India 2004 (115) DLT 207 to contend that the present writ petition, especially in relation to the claim of pension etc. should not be dismissed on the grounds of delay and latches and the Court should mould the relief keeping in view the facts and circumstances of the case.;

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