- (1.) Shri Prem Sagar Sharma has filed the present petition under Articles 226/227 of the Con- stitution of India against the respondents for the issuance of a writ of certiorari or any other suitable writ, order or directions and the petitioner has made a prayer that the orders vide which his prayer for disability pension has been rejected by the respondents authorities, be quashed and directions be given to the respondents to release the benefit of disability pension to him with effect from 11.12.1975 onwards.
(2.) The case set up by the petitioner is that he joined the Indian Air Force on 8.1.1972. At the time of the enrolment he was medically examined, he was found medically fit in all respects and was placed in category "A" by the Medical Board and no deformity of any kind was noticed by the Medical Board at the time of his enrolment into Air Force service. The petitioner further alleges that he was invalidated out of Air Force service on 10.12.1975 and he was placed in medical category "CEE" with 40% disability. The claim of the disability pension of the petitioner was rejected on 4.3.1976. The petitioner filed an appeal on 4.6.1976. The appeal was rejected on 30.9.1976 by CCDA (Pension) Allahabad. The petitioner issued a legal notice in July, 1979 to the Government of India but the respondents informed the petitioner on 30.8.1979 that this claim for disability pension was rejected. However, the petitioner was paid in lump sum an amount of Rs. 500/-. The petitioner further allege that he again made a representation to the authorities for the release of the disability pension on 20.1.1983 but he was informed by the respondent- authorities that no useful purpose was going to be served as the appeal has already been rejected by the Government of India. Consequently, the petitioner served a legal notice on 5.4.1995 and on 28.4.1995 he was informed by the respondent authorities that his case is under consideration. Not satisfied with the impugned orders of 1976 and 1979, the present writ has been filed by the petitioner.
(3.) Notice of the writ petition was given to the respondents.;