M JAYARAMAN Vs. CHIEF OF THE ARMY GENERAL

JUDGEMENT

(1.) The Writ Petition has been filed by the petitioner seeking for Mandamus to direct the respondents to sanction and pay the disability pension with effect from the discontinued dated 15.2.1976 immediately to the petitioner.

(2.) The petitioner joined the Army as Sep.No.6326261 as Ex-Sigman in the Regiment of Signals on 16.10.1965 and was rendering his continuous unblemished service as a Cook U C1.III till 8.8.1970. Subsequently, he was discharged from the service on the ground of medical invalidation. Since the disability exceeded to 20%, which was aggravated due to military service, he was given Rs.40/- towards temporary disability pension; it was increased periodically and he was getting Rs.70/- per month when the pension was stopped from 15.2.1976. Inspite of repeated requests by the petitioner, the said pension was not continued to pay to him. However, the petitioner received a communication stating that the disability arose not because of anything with the action of army service and therefore, he was not eligible for disability pension.

(3.) The learned counsel for the petitioner, after going through the records, submits the contention of the respondents that the petitioner's disability was found less than 20% and the same was not caused owing to military service cannot be a ground for the purpose, much less, for discontinuing disability pension to the petitioner. The authorities started paying the disability pension only when the petitioner was found invalid during the course of military service. In those circumstances, the disability pension discontinued by the authorities, subsequently, without assigning any other valid reason is not legally sustainable.