R.L. Anand, J. - (1.) LT . Col. T.C. Bhakoo has filed the present writ petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari , mandamus or any other writ, order of direction, and the petitioner has prayed for the setting aside of the order dated 18.9.1996, Annexure P -4, vide which his claim for grant of disability pension has been rejected.
(2.) THE case set up by the petitioner is that he served in the ranks of Corps of Signals from 1959 to 1969. At the time of his enrolment and subsequently during the annual leave/annual medical examinations, he was found fit and did not suffer from any disease or deformity. In the year 1969, he was selected for permanent commission in the Army and at that time also, he was subjected to a thorough medical examination. He was given commission in the year 1970 and, thereafter, he was medically examined every year and he was placed in the medical category 'A'. For the first time, the petitioner became ill in the year 1992 with involuntary movement of left side of his body and he was admitted in the Military Hospital, Ambala Cantt. He was transferred to the Army Hospital, Delhi Cantt., wherein his disease was diagnosed as CHOREA. Consequently, he was downgraded to the medical category S1 H1 A1 P3 E'(T -24). In the year 1996, he became due for retirement on reaching the age of 52 years. A Release Medical Board was held on him in February, 1996. His disability due to CHOREA was assessed at 60%, In the same year, his case for grant of disability pension was processed to the Army Headquarters. However, his case was rejected by the Ministry of Defence on 18.9.1996, on the ground that the disease suffered by the petitioner was not attributable to the military service as CHOREA was a degenerative disorder. On 11.4.1997, the petitioner made a representation against the order of rejection but he did not receive any reply. He even made a representation. He, finally, issued a notice dated 28.1.1999. The grouse of the petitioner is that the rejection of his claim for disability pension is unjust, unfair, illegal and arbitrary and against the rules. Notice of the writ petition was given to the respondents, who filed the written statement and denied the allegations. It was stated by the respondents that the disease suffered by the petitioner is a degenerative disorder and has no relation to service conditions. The invalidating disease is considered not related to service. The officer had remained under sheltered appointment since its detection and there has been no deterioration in the invalidating disease. Accordingly, the disability pension claim of the petitioner was rejected vide letter dated 18.9.1996.
(3.) I have heard the counsel for the parties and with their assistance have gone through the record of this case.;