JUDGEMENT
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(1.)Ex-Spr. Chaini Singh has filed the present writ petition under Articles 226/227 of the Constitution of India praying that a writ of certiorari be issued in his favour by quashing the orders dated 21.4.1997 Annexure P3, dated 26.11.1999 Annexure P9 and a writ of mandamus be issued against the respondents directing them to grant him the benefits of disability pension along with other benefits.
(2.)The case set up the petitioner is that he was enrolled in the Army on 20.8.1980. Tn the year 1985, when he was posted in a field area, he developed health problems and was admitted to 160 Military Hospital and was diagnosed as a case of multiple Renal Calculus (RT) OPTD. On 4.2.1986 he again fell ill and was admitted in Military Hospital, Jalandhar and was detected a case of Ureteric Calculus Right OPTD. He was operated upon 10.2.1986 and by the Medical Board he was downgraded to medical category CEE (permanent) for 2/12 years. He was discharged from the hospital On 27.2.1986. Again he fell seriously ill when he was doing duties at a field station and was admitted to Base Hospital at Tejpur on 22.9.1993. In the month of October 1993 he was transferred to Command Hospital, Calcutta and on 29.10.1993 he was again operated upon. On 17.11.1993, he was discharged from the hospital. A Medical Board was constituted on 27.1.1994 and he was downgraded to category CEE (T) for a period of 3/12 years. The Medical Board opined that the disability was contracted in service and it was contracted in the circumstances over which the petitioner had no control and the disability has aggravated in the military service and is due to dielic compulsions of service. It is also the case of the petitioner that he was admitted to Military Hospital, Allahabad in the month of August 1994 and was transferred to Command Hospital, Lucknow, where he was operated upon third time on 17.11.1994, He was discharged from the hospital on 22.12.1994 and his medical category continued as CEE (P) for 3/12 years. On 24.10.1995, the petitioner appeared before a release medical board and his medical category was downgraded to category CEE (P) and he was diagnosed as a case of Bilateral Multiple Renal Calculi. He was recommended to be released from the Army service in category CEE(P) on medical grounds with more than 40% disability. Finally, on 31.12.1995 he was discharged from the Army on medical grounds after rendering a service of 15 years and 4 months. He made a prayer for the release of disability pension, which was declined vide letter dated 21.4.1997 on the plea that the disease was neither attributable noraggra-vated to the Army service. The petitioner filed an appeal and also made a representation. He also filed a writ petition in the High Court seeking directions of the Court against the respondents for deciding his appeal as early as possible and now appeal has been rejected on 26.11.1999. Hence the present writ petition.
(3.)Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations. According to the respondents, the petitioner submitted his unwillingness to continue in service against sheltered employment being provided to him and, therefore, he was brought before Release Medical Board on 24.10.1995 and on approval he was discharged from service on 15.12.1995. The other stand ofthe respondents is that the disease suffered by the petitioner is not attributable to Army service and, therefore, he is not entitled to the benefits of disability pension.
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