Mohinder Pal, J. - (1.) CHALLENGE in this petition filed under Articles 226/227 of the Constitution of India is to the order rejecting the disability pension claim of the petitioner.
(2.) BRIEF facts of the case are that the petitioner was initially enrolled in the Raj Rifles on December 07, 1965 and was discharged on April 05, 1971, at his own request on extreme compassionate grounds. He had rendered five years and 120 days qualifying service. He got himself re -enrolled in Defence Security Corps (for short 'DSC') on May 15, 1974. After re -enrollment, the former service of the petitioner was counted towards DSC service for enhanced rate of pension/gratuity, as per the option exercise by him in terms of Government of India, Ministry of Defence, letter dated March 03, 1983. He was transferred to Pension Establishment with effect from June 01, 1984, on completion of terms of engagement and, as such, the petitioner had rendered ten years and 08 qualifying service and the aggregate qualifying service rendered by him in both spells was fifteen years and 128 days. The petitioner was downgraded to low medical category CEE (Temporary) with effect from March 12, 1975 for the disease 'Diabetes Mellitus 250/V.67'. Subsequently, he was placed in medical category CEE (Permanent) with effect from February 10, 1978. Being placed in permanent low medical category, the petitioner was brought before Release Medical Board on March 12, 1984 for assessment of his medical condition before his transfer to Pension Establishment. The Release Medical Board assessed the degree of disability at 20 per cent for two years and opined that the disability was constitutional not related to military service and it was neither attributable to nor aggravated by military service. The petitioner was granted service pension from June 01, i984. His claim for disability pension was rejected by the P.C.D.A. (Pensions), Allahabad, vide letter dated August 06, 1984, on the ground that the disability was constitutional in nature and not related to Army Service. It was neither attributable to nor -aggravated by military service. The rejection of disability pension claim was communicated to the petitioner vide letter dated August 28, 1984 (Annexure P -1) with an advise to prefer an appeal if he felt unsatisfied with the decision. The petitioner did not prefer any appeal. However, he served legal notice dated March 07, 2006 (Annexure P -2) under Section 80 of the Code of Civil Procedure, calling upon the respondents to consider his claim of disability pension. The respondents sent reply dated June 08, 2006 (Annexure P -3) to the legal notice sent by the petitioner stating therein that as the Medical Board had opined that the disability was neither attributable to nor aggravated by military service, he was not entitled to disability pension. The petitioner has attached as Annexure P -4 with this petition the decision rendered by a learned Single Judge of this Court in Civil Writ Petition No. 2398 of 2001 decided on April 26, 2002 Kanwar Singh v. Union of India whereby the disease of 'Diabetes Mellitus (DHA Failure) - 250' was held attributable to military service and disability pension was granted to the petitioner therein.
(3.) IN the written statement filed by the respondents, it was pleaded that the petitioner did not fulfill the criteria for disability pension as his disability on account of the disease of 'Diabetes Mellitus 250/V.67' had not been found attributable to or aggravated by military service by the competent authority.;