Decided on November 06,2012

Kripal Singh Bankoti Appellant


Kalyan Jyoti Sengupta, J. - (1.) BY this writ petition, the petitioner has challenged the order dated 23rd July, 1990 passed by respondent No. 2, Record Officer, Office of Maha Nideshak, Assam Rifles, Director General, Assam Rifles Pension Branch -2, Shilong whereby the prayer of the petitioner for granting disability pension has been rejected on the ground mentioned therein. The petitioner has also prayed for an alternative relief for granting at least invalid pension if disability pension cannot be granted.
(2.) THE facts are not disputed. Notwithstanding, I feel this should be produced for better appreciation of this case. On 16th July, 1962, the petitioner was appointed as a Rifleman in Assam Rifles preceded by the selection held in District Pithoragarh, State of Uttarakhand. The petitioner undergone for basic training at Kohima and the petitioner was appointed initially on 3rd Battalion of Assam Rifles in 1962. Thereafter, the petitioner was again sent for basic training and after completing the basic training of Rifleman, he was selected for signal training and sent at Dimapur, Assam for the above mentioned training. After completion of training, he was promoted to the post of Hawaldar and, as such, he was deployed in 8th Battalion Assam Rifles at Tuensang, Nagaland. When he was under sophisticated training before being deployed as Hawaldar, he developed eye disease which resulted in poor vision and it persisted with the passage of time. In the year, 1968, he was sent for treatment of eyes at Jorhaat Civil Hospital, Assam where he was treated but he could not get back his vision. Therefore, it was reported to Commandant of Battalion that the petitioner was unfit for the minute work on account of his poor vision. The commandant of 8th Assam Rifles, where the petitioner was deployed in the Battalion, recommended the case of the petitioner to Head Quarter of Inspector General of Assam Rifles at Shilong and on the recommendation of the Head Quarter, the petitioner was discharged from service on 8th January, 1969. Thus, the petitioner rendered service for about 6 years 5 months and 22 days.
(3.) THEREAFTER , he made representation to the various authorities for granting disability pension. The representation made last in the year 1990 which was replied by respondent No. 2 by passing the order impugned.;

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