- (1.) Present special appeal arises out of a judgment dated 27.9.2006 of learned Single Judge whereby the learned Single Judge has dismissed the writ petition no. 4515 of 2003 (Mahendra Kumar Vs. Union of India and others) by holding that petitioner appellant is not at all entitled for the disability pension on the ground that petitioner appellant has made no challenge to the opinion of the Medical Board but has simply made prayer to be granted disability pension.
(2.) Brief background of the case is that petitioner appellant was enrolled as Airman in the Indian Air Force on 15.12.1983 and while he was in service an accident occurred wherein brake fluid pipe burst out which resulted in fluid enter in both the eyes of the petitioner appellant causing internal injuries in both eyes and his vision was, accordingly, reduced. Thereafter, the petitioner appellant was extended treatment and then he was placed before the Medical Board and then he was declared in the medical category (EEE) wherein petitioner appellant was assessed to have 60% disability in his eyes and petitioner appellant, in his turn, was accordingly invalidated out of service in exercise of authority conferred under the provisions of Indian Air Force Rules, 1969, Chapter III Rule 15 Clause 2 (c) on having been found medically unfit for further service in Indian Air Force w.e.f. 23.12.1993 on account of having the disease "RETITITIS PUNCTATA ALBESCENS BOTH EYES". The Medical Board which assessed the invalidation of petitioner appellant as 60% mentioned that disability from which the petitioner appellant has suffered during his service is neither attributable to nor aggravated by Indian Air Force and said disease commonly known as detachment of retina.
(3.) Petitioner appellant, in his turn, preferred appeal that was rejected by Government of India, Ministry of Defence by order dated 24.7.1997 and then second appeal was moved and same was also rejected and then petitioner appellant has been insisting for the disability pension and, thereafter, he filed writ petition no. 4515 of 2003 and the same came to be dismissed on 27.9.2006 and then special appeal has been preferred and same is now being taken up for final hearing and disposal.;