R.L. Anand, J. - (1.) EX -Sepoy Bhup Singh has filed the present Civil Writ Petition under Articles 226/ of the Constitution of India against respondent 1 and 2 and he has prayed for the issuance of a writ in the nature of Certiorari against the respondents for quashing the order dated 9.5.2000 passed by the Secretary, Ministry of Defence, Government of India, New Delhi (Annexure P -22) and he has further made a prayer that a writ in the nature of Mandamus be issued against the respondents directing them to release the benefit of disability pension to him.
(2.) THE case set up by the petitioner is that he was enrolled as Sepoy in the Army on 6.11.1995. He was awarded a "Sangram Medal" for his meritorious service. He was discharged from service on account of the disability and he was placed in category "CEE". The petitioner had been making representations to the respondents for the grant of disability pension. So much so, he issued reminders. On 27.7.1997, respondent No. 2 intimated the petitioner that his case for the grant of disability pension is under consideration but later on his case was declined, as a result of which the petitioner had to file C WP 16485 of 1997 which was disposed of with the directions to the respondents to reconstitute the Re -Survey Medical Board and to determine afresh regarding the disability pension. In pursuance of the directions of the Court, the Re - Survey Medical Board examined the petitioner and found that the petitioner was suffering from "Compound Hypermetropic Astgtism Left Eye Effect of 370 with 30% disability" for a period of 5 years. The matter was again examined by the respondent -authorities and it was declared that since the disease suffered by the petitioner is a constitutional one and not connected with the service, therefore, he is not entitled to disability pension. The petitioner received this order Annexure P -22 on 29.5.2000. He made a representation on 31.5.2000. When the petitioner did not hear anything from the side of the respondents, he has come in the present writ petition. Notice of the petition was given to the respondents. Written statement has been filed in which the main averments of the petition have been denied. In short, the stand of the respondents is that in pursuance of the directions of the High Court, Re -Survey Medical Board was constituted. Though it assessed the disability of the petitioner at 30% for a period of 5 years, yet the disease is not attributable to the military service, rather it is constitutional as observed by CCDA(P), and, therefore, the petitioner is not entitled to the benefit of disability pension. It is also the case of the respondents that the appeal of the petitioner was dismissed in the year 1975 and the present writ petition is also liable to be dismissed on the ground of delay and laches.
(3.) I have heard the learned counsel for the parties and with their assistance I have gone through the record of the case.;