- (1.) The petitioner has filed this writ petition being aggrieved of denial of grant of disability pension after he was invalidated out of military service.
(2.) The petitioner earlier filed writ petition No. 2254/2002 before this Court that was decided on 11.07.2002, after noticing the contention of the petitioner that the appeal preferred by him against refusal of disability pension was pending since 15.03.1997, with the following observations: When the appeal of the petitioner is pending, it will be appropriate to direct the appellate authority to decide the appeal expeditiously, which is said to be pending from 15th March, 1997 before the appellate committee of the Ministry of Defence, Government of India, New Delhi. Therefore, it is directed that the appellate committee, Ministry of Defence, Government of India shall expeditiously decide the appeal of the petitioner, which has been filed against the rejection of the disability pension to the petitioner. The appellate committee is expected to decide the appeal within a period of three months from the date of the order placed before the appellate authority by the petitioner, if it has not been decided already. With the above direction, the writ petition is disposed of with liberty to the petitioner to approach this court in case the appeal of the petitioner is dismissed.
(3.) The petitioner has preferred this writ petition with the submissions that after passing of the order dated 11.07.2002, no decision of his appeal was conveyed, he served a notice and thereafter, filed contempt petition before this court being S.B. Civil Contempt Petition No. 60/2003; and that after service of notice of the contempt petition, the appellate authority proceeded to reject his appeal under the impugned communication dated 02.07.2003 (Annex.10) stating that the disease in question was not attributable to or aggravated by military service, and therefore, he was not entitled for disability pension. The petitioner seeks to challenge the orders so passed by the authorities denying him disability element of pension.;