R.L. Anand, J. - (1.) EX -Sepoy Shri Satminder Singh has filed the present writ petition under Articles 226/ of the Constitution of India against the respondents and he has prayed that suitable direction be issued to the respondents to grant him the benefit of disability pension with effect from 23.3.1986 onwards besides interest.
(2.) THE case set up by the petitioner is that he was born on 30.11.1960. He joined the army on 9.3.1979. He rendered service in J & K and also participated in Operations Harnet. He was invalidated out from service on 22.3.1986 on medical ground. He was eligible to the disability pension but it has been declined to him on the ground that the disease suffered by him is not attributable to the army service. Notice of the writ petition was given to the respondents. The stand of the respondents is that the disease "Neurosis" suffered by the petitioner, is not related with the army service nor it has been aggravated during the service of the petitioner in the army. The second defence taken up by the respondents was that petitioner was invalidated out from service in the year 1986. He has filed the present writ petition after a lapse of 12 years in the year 1998 and therefore, he is not entitled to any relief.
(3.) I have heard Shri B.S.Sehgal. learned counsel appearing on behalf of the petitioner and Shri Gurpreet Singh, learned counsel appearing on behalf of the respondents and with their assistance have gone through the record of the case.;