Mohinder Pal, J. - (1.) A Division Bench of this Court earlier dismissed this writ petition vide order dated August 22, 2005, on the ground that it is highly belated. The petitioner approached the Hon'ble Supreme Court by way of filing S.L.P. (Civil) No. 881 of 2006. Vide order dated January 18, 2007, the Hon'ble Supreme Court remitted the matter to this Court to hear it on merits. This is how we are seized of the matter.
(2.) THE petitioner was enrolled in Army Medical Corps, Lucknow in September, 1965. In 1982, he suffered from medical problem of weak eye -sight. He became almost 80% disabled despite getting the treatment. Therefore, he was placed under low medical category 'EEE' permanent by the Medical Board. He was invalidated out of service on February 20, 1983 on account of 'Bilateral Maculopathy' after rendering 17 years and 143 days of qualifying service. He was granted service element of pension with effect from February 21, 1983. The petitioner claimed disability pension for the 80% disability. It was rejected by the Chief Controller of Defence Accounts (Pension), Allahabad vide letter dated May 06, 1983, on the ground that the disability from which the petitioner was suffering had been viewed as neither attributable to nor aggravated by military service. The petitioner claims that he had filed appeal before the Appellate Authority, but no reply was given. Since there was no intimation regarding any order in the appeal, he filed the present writ petition. His prayer is for grant of disability pension. In the reply filed by the respondents, it is pleaded that "Invalidating Board was held at Base Hospital, Lucknow, on 23.11.1982 and as per opinion of the Medical Board the disability of the petitioner was found as not attributable to but aggravated by military service as the disability was constitutional in nature and the factor of aggravation was long military service which was assessed 80% for two years". It is further stated that the appeal filed by the petitioner against the order of the Chief Controller of Defence Accounts (Pension), Allahabad, was considered by the Ministry of Defence and the same was rejected vide order dated August 21, 1985.
(3.) WE have heard Ms. Satpreet K. Grewal, Advocate, appearing for the petitioner and Ms. Renu Bala Sharma, Central Government Standing Counsel, appearing for the respondents and have gone through the records of the case.;