TILAK RAJ Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) After rendering service of 11 years and 153 days in the Army, the petitioner was invalided out of service with effect form 01-07-2000 due to disease known as ' BILATERAL S.N.HL. SEVERE DEGREE'. The petitioner asked for disability pension, but he was not found entitled for the same. An appeal was also filed by him against rejection of the claim, but to no effect. This constrained him to knock at the door of this Court. The petitioner has attached all the relevant documents with the instant petition for perusal of this Court.

(2.) The stand of the respondents is that they have adhered to all the Pension Regulations and found that the petitioner was not entitled for disability pension within the framework of Rule 173 and Entitlement Rules. However, he was found entitled to the invalid pension admissible under Rule 197 of the Pension Regulations for the Army 1961 (Part-I) on account of disability assessed at less than 20 percent and is getting the same regularly alongwith other pensionary benefits. Even this entitlement is on account of rendering service for more than ten years. The stand of the respondents further is that it is the medical disorder for which the petitioner has been discharged from service, but not attributable to military service, being a constitutional disorder. It is also not aggravated by military service. Therefore, the petitioner is not justified in claiming the disability pension.

(3.) Heard learned counsel for both the sides and perused the record.