JIWAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Jiwan Kumar, present petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of writ, order or direction specially in the nature of mandamus directing the respondents to grant him disability pension and it has been further prayed by the petitioner that directions be also given to the respondents to give him all the consequential benefits.

(2.) The case set up by the petitioner is that he joined the army service on 23.9.1976. In May, 1994 he developed heart problem and remained admitted in Command Hospital, Chandi Mandir, where, he was diagnosed as IHD with effort Angina, class-II and was placed in medical category CEE temporary. The petitioner was again admitted to military hospital on 19.4.1996, where, he was placed in low medical category "CEE" permanent and was advised to be released. The petitioner submits that so far as his knowledge goes his disability was noticed to the extent of 60%. On 30.9.1996, the petitioner was discharged as L/Defadar from the Army after completion of 20 years of active service on medical grounds being placed in low medical category CEE. His case for disability pension was sent to the authorities which was rejected by CDA (Pension) Allahabad on 10.2.1997 and the petitioner received information on 20.2.1997 to this effect. He filed an appeal which was again dismissed on 12.5.1997. Further he made the representation in the year 1998 but to no effect. Hence the present writ petition.

(3.) Notice of the writ petition was given to the respondents. The written statement has been filed. According to the respondents the petitioner was discharged from the service not on medical ground but on completion of his engagement tenure, therefore, he is not entitled to the benefit of disability pension.