Jaswant Singh, J. - (1.) THE Petitioner has sought quashing of order dated 26th July, 1998 (Annexure P -l) and order dated 29th August, 2001 (Annexure P -2), - -vide which his claim for disability pension consisting of service element and disability element has been declined and appeal dismissed by the first Appellate Committee, respectively. It is further prayed that a direction be issued to grant disability pension to the Petitioner from the date of his discharge i.e. 1st April, 1997 alongwith interest @18% for delayed payment.
(2.) THE Petitioner was enrolled in the Indian Army (Sikh Light Infantry) as a Solider (Recruit) on 27th August, 1996. At the time of recruitment he was found to be medically fit. However, while undergoing the basic military training at the Sikh Light Infantry Regimental Centre, Fatehgarh, he was admitted to Military Hospital, Fatehgarh and was diagnosed as suffering from "Hypertension". The medical authorities considered him unfit for further retention in service and consequently he was discharged from service after being placed in the medical category "EEE" with effect from 1st April, 1997 with the disability shown due to Hypertension (401). The claim of the Petitioner for grant of disability pension was rejected by the Respondents and convyed, - - vide letter dated 26th July, 1998 (Annexure P -1) and his appeal against the same was rejected, - -vide order dated 29th August, 2001 (Annexure P -2). Hence this writ petition. It is stated by the Petitioner that he is entitled to disability pension under Regulation 173 of Pension Regulations for the Army, 1961 (hereinafter referred to as the Pension Regulations) which lays down primary condition for grant of disability pension. The Petitioner, who is a recruit is entitled to be considered as per Regulation 173 in view of Regulation 181 of the Pension Regulations, which provide that the recruits shall be eligible for disability pension at the rates and under conditions applicable to a Sepoy of the lowest group. It is further stated that the Petitioner at the time of entry into Army service was declared medically fit whereas he was invalidated out of service by way of discharge on account of his low medical cateogry on account of suffering from Hypertension (401), which as per Annexure III to Appendix II - -Entitlement Rules for Casualty Pensionary Award, 1982 - -and is affected by environmental factors and thus his disease/disability is presumed to be attributable or aggravated due to military service.
(3.) RESPONDENTS upon notice have stated that the Petitioner is not entitled to the grant of disability pension on account of delay and laches as he has filed the present petition after six years. It is further stated that the medical authorities had viewed the disease of the Petitioner as not attributable or aggravated by military service and his disability was assessed as 0% age and further that the disability of the Petitioner was a constitutional disorder and thus, he was not entitled to the grant of disability pension.;