1 S.B. CIVIL WRIT PETITION NO. 4087/2006. (EX.CFN VIJAY SINGH VS. UNION OF INDIA & ORS.) DATE OF ORDER : 19.03.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. S.K. Nanda for the petitioner. Mr. Sunil Renwah for Mr. Ravi Bhansali for the respondents. By this petition for writ, the petitioner is claiming invalidate pension being an Ex. Service Personnel discharged from service on medical grounds. Noticeable facts of the case are that the petitioner was enrolled with Indian Army on 25.08.1947. In the year 1958, while serving at Jodhpur the petitioner suffered with anxiety and, therefore, he was transferred to Military Hospital, Delhi Cant for treatment. On 06.06.1958, the petitioner was medically boarded out on account of Schizopheranic Reaction. The petitioner thereafter was discharged from service and a discharge certificate was issued that is placed on record as Annexure P/1. In the certificate Annexure P/1, it is specifically noted that the petitioner was discharged on 06.06.1958 (AN) on medical grounds after completing a service of 10 years 10 months. He was also found fit for light civil employment. The 2 petitioner after getting discharged, claimed for invalidment pension as well as disability element of pension by various representations, but of no consequence. On being referred by legal aid, a notice for demand of justice was served upon the respondents by the petitioner through his counsel Shri S.K. Nanda, Advocate. In response to the notice for demand of justice, it was communicated that the petitioner was invalidated from service w.e.from 05.06.1958, but no document was submitted to establish claim that the discharge from service was on medical grounds. The petitioner was advised to produce the documents pertaining to his discharge, if available. The petitioner thereafter communicated the respondents regarding reference of his discharge on medical grounds as referred in his discharge certificate. No action thereafter was taken by the respondents, hence this petition for writ is preferred. The stand of the respondents is that the petitioner was not entitled for invalidment pension as no document was produced by him to prove that he was invalidated out from service on medical grounds. It is pertinent to note that the respondents in their reply to the writ petition, no where raised any doubt about the genuineness of discharge certificate placed on record as 3 Annexure 1. From perusal of the document Annexure 1, it is apparent that the petitioner was discharged from Indian Army on medical grounds and, therefore, a sufficient evidence is available to establish that the petitioner was invalidated out from Army on medical grounds after completing a service of 10 years 10 months. The petitioner possessed requisite qualifying service, therefore, he was certainly entitled for invalidatement pension. Accordingly, this petition for writ is allowed. The respondents are directed to consider the case of the petitioner for grant of invalidatement pension by treating him an Ex Army Personnel discharged from service on medical grounds. If the petitioner is otherwise eligible, the pension be accorded to him expeditiously with all consequential benefits as far as possible within a period of three months from today. (GOVIND MATHUR)J. Anil/