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| Consider petitioner’s case for disability pension, HC directs respondents | | |
Early Times Report
Jammu, Nov 26- Quashing the communication of Principal CDA Pension Allahabad dated April 3, 2002 and officer in charge records communication dated April 22, 2002, the Jammu and Kashmir High Court today directed the respondents to consider the petitioner’s case for grant of disability pension under rules along with arrears within a period of two months.
This order was passed by Justice JP Singh while allowing the petition of Ex-Serviceman Sanjeet Kumar with cost Rs 20,000 with directions that the petitioner’s case for grant of commuted pension shall also be considered by the respondents under rules and appropriate orders passed within a period of two months.
After hearing arguments from both the sides, Justice Singh observed that in the absence of the any opinion of the Medical Board supported by reasons the disability suffered by the petitioner, during the course of his service, was neither attributed to nor aggravated by the Army Service as such the petitioner could not be denied grant of Disability Pension and other service benefits to which he may be entitled to under Rules. Respondent’s communications, challenged in the petition, denying Disability Pension to the petitioner are arbitrary and illegal. These are, therefore, required to be quashed commanding the respondents to consider petitioner's case for award of Disability Pension in accordance with the rules, along with arrears.
The case of the petitioner is that he suffered “unspecified psychosis” because of stress and strain of the Army Service and was entitled to Disability Pension. The respondents' contested the petitioner's claim to Disability Pension, on the ground that the ' unspecified psychosis’ from which the petitioner suffered, was neither attributable to nor aggravated by the Army Service, and was not entitled to the grant of Disability Pension under the Pension Regulations. |
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