CHAMEL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Admitted facts of this case are that the petitioner joined Indian Army and was enrolled in the Regiment of Artillery in the year 1956. Total service rendered by him is 25 years 7 days. He was placed in lower medical category AYE. He had disability of "ISCHEAMIC HEART Disease". He was declared invalid after having been examined by the Medical Board constituted for the said purpose, at Military Hospital, Amritsar. In the words of the respondents as detailed in para 1 of the brief facts of their reply...." had viewed the disability as aggravated by military service and assessed degree of disablement at 40 per cent for two years/ (Emphasis supplied)

(2.) Case set -out by the petitioner for the grant of disability pension to him, is that he is entitled to the same from the year 1981 till date and further as per Rules governing it. Record also reveals that appeal of the petitioner was also dismissed.

(3.) Respondents when put to notice, have admitted the facts relating to the petitioners enrolment as well as his discharge. It is also admitted by them that the petitioner rendered more than 25 years of service, as noted hereinabove. However, his claim has been contested because of delay and laches on the basis of the decision of the Supreme Court of India in Union of India v. Baljeet Singh, 1997 (1) SLR 93, and in the case of Sardar Ram Singh v. Union of India of the Punjab and Haryana High Court, Annexure R -l, with the reply.