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| ‘Petitioner gets justice after 26 years’ | | Discharged army official to get disability pension | |
Early Times Report
Jammu, Feb 12- In a landmark judgment, Justice Nirmal Singh of J&K High Court Jammu Wing today directed the Union of India and others to release the disability pension in favour of petitioner’s husband who was discharged from Army service in 1983. The petitioner's husband is also held entitled to arrears of the said pension three years prior to the filling of the present petition and the arrears shall also be released within period of two months, the Court ordered.
This landmark judgment has been passed in a petition filed by Shakuntla Rani through Advocate Surinder Kour in which it has been submitted that at the time of enrolment in Army Service, the husband of the petitioner was medically checked-up by the Board of Doctors and found fit. It was only in the year 1983 he fell ill and was admitted in Gwalior Military Hospital and later shifted to Jhansi Military Hospital for medical treatment. He was discharged from Army service by placing him in Medical Category ‘E’. It was further submitted that the husband of the petitioner suffered from hysterical neurosis due to stress and strain of Army service but he was not given disability pension to which he was entitled and filed present petition for the same.
Justice Nirmal Singh, after hearing Advocate Surinder Kour appearing for the petitioner and Advocate PS Chandel appearing for the Union of India and others, observed that in the present case it has been established that the petitioner's husband was not suffering from such disease at the time of his entry into service. Even the Medical Board has not given any past/family history of the husband of the petitioner. The proceedings of invaliding medical board placed on the record also revealed that no member of the family of the husband of the petitioner was ever suffering from such disease. Therefore, it can safely be concluded that the petitioner's husband who was hale and hearty at the time of his enrollment and remained as such for eight years, developed aforementioned disease during the course of his active service. With these observations, the Court allowed the appeal and ordered that petitioner's husband is found entitled to disability pension as per Army pension regulation 173 and directed respondents they shall release the disability pension in favour of the petitioner's husband within a period two months from the date the copy of this order is made available to them by the petitioner. JNF
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