IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL WRIT PETITION NO: 292 OF 2006 (S/S) Ex. Rect. Bhuwan Chandra Chounsali, No. 15611305, Village Kanda, Post Officer Shoughaon, Tehsil Didihat, District Pithoragarh, Uttaranchal. -----Petitioner Versus 1- The Union of India through the Secretary, Ministry of Defence, New Delhi. 2- The Chief Controller (Defence Accounts), Pension, Allahabad, U.P. 3- The Chief of Army Staff, Army Head Quarter, New Delhi. 4- The Officer-in-Charge, Records, Brigade of the Guards Kamptee-441 001. -----Respondents Sri Lalit Samant, Advo, learned counsel for petitioner. Learned Assistant S.g. (Central) for respondents. Dated : March 6, 2006 HON’BLE RAJESH TANDON, J. Heard Sri Lalit Samant, counsel for the petitioner and Assistant S.G. (Central) for the respondents. Both the parties have submitted that the writ petition may be disposed of at the admission stage. By the present writ petition the petitioner has prayed for a writ of certiorari quashing the order dated 30.04.2004 and further prayed for a writ of mandamus directing the respondents to pay disability pension to the petitioner with effect from 29.03.2001 and to grant him all arrears of pension alongwith interest at the rate of 12% per annum from the date 29.03.2001. Briefly stated, the petitioner was enrolled in the Indian Army on 30.01.1999 as a Sepoy. The Medical 2 Officer of the Army examined the petitioner thoroughly and thereafter found that the petitioner is fit for Military service. The petitioner was also found qaualified and suitable for Guard Regiment in the Army. He was given full army training in accordance with the rules and thereafter the petitioner was posted in the Guard Regiment in the Border Area. During the year 2000-2001 while he was in the military service he suffered from invaliding Disability Compound Myopic Asthamatism which has been developed due to stress and strains of military service. The petitioner thereafter was discharged from the Army on medical ground on 29.03.2001. According to the grievance of the petitioner that he was never been discharged from military service. However, the petitioner has been found to be disabled and, as such, the petitioner has become entitled for the disability pension. The grant of disability pension, however, was rejected. Thereafter he has preferred an appeal and the same was also rejected on 30.04.2004 with a direction to prefer second appeal to Defence Ministry Appellate Authority for pension. The petitioner has not preferred the second appeal and has challenged the order before this Court under Article 226 of the Constitution of India. Liberty is given to the petitioner to file the second appeal. However, if the appeal is preferred within a period of one month, the question of limitation will not come in the way of the petitioner and also the same shall be disposed of within a period of 6 weeks thereafter after taking into consideration 3 the decisions of the Apex Court in the matter of disability pension as well as Regulation 173 of the Pension Regulation For Army Part I, 1961. Subject to the aforesaid observations the writ petition is disposed of on account of the alternative remedy. However, it is made clear that in case second appeal is preferred the same shall be decided in accordance with the provisions of the Army Pension Regulation as well as taking into consideration the judgment of the Apex Court. However, if the petitioner seeks liberty to present himself before the Medical Board, liberty may be given to the petitioner in this regard. The writ petition is disposed of. No order as to costs. (Rajesh Tandon, J) 06.03.2006 Negi