IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B.Civil Writ Petition No.6531/1993 Ram Singh Vs. Union of India & Ors. Date of order : 03.03.2009 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Rajendra Singh for petitioner. Mr. Sanjay Pareek for respondents. Heard learned counsel for the parties. By this writ petition the petitioner has challenged the order dated 26.04.1991 passed by the respondent No.2 communicated through Records JAT Regimental letter dated 14.5.1991 (Annexure/8) with a further direction to award disability pension to the extent applicable under rules. The petitioner has also challenged the illegal discharge of service for the reason that in case the petitioner is allowed to continue then he will get the benefit of Subedar/Clerk or higher rank. The main contention of the counsel for the petitioner is that the Medical Board held on 09th of December 1987 (Annexure/6) has clearly and in not uncertain terms held that the disability has been aggravated in service due to stress and strain in military. The disability detected as IHD. The supporting submission of the petitioner is that while entering in service clerk (GD), the petitioner was medically found fit and subsequently has undergone the training - 2 - policy which was successfully completed by him. Thereafter, also on various medical checks up he found fit from the initial date of service i.e. 29th of May 1968 and discharge on 31.5.1990, therefore, in all fairness, the respondents ought to have accepted the said disability. He also submits that after 19.08.1987, the petitioner was granted two years extension of service during May 90 to May 92 but subsequently the same was withdrawn probably for the aforesaid reason. Otherwise also in addition to above, the initial Medical Board held at 17 Military Hospital interalia recommending 30 per cent disability but the respondents ignoring all the above-mentioned documents denied disability pension vide order dated 14.05.1991 (Annexure/8) and against which, the petitioner has filed an appeal which was also rejected on 18th of August 1993. The submission of Mr. Pareek appearing on behalf of the respondents is that the said disease could not be said to be attributable to the service and further also the same also could not be said to be aggravated on the ground of stress and strain due to military service, therefore, the claim was rightly rejected. I have considered the aforesaid submissions of the parties and also gone through the contents of writ petition. - 3 - In my view, the respondents have ignored the report of the Medical Board dated 9th of December 1987 (Annexure/6), therefore, the claim of the petitioner for his disability pension is held to be valid and the impugned orders dated 26.04.1991, 14.05.1991 and 18th of August 1993 is also declared illegal. Accordingly the writ petition is partly allowed and the respondents are directed to make the payment of the disability pension to the petitioner as per rules within a period of 3 months from today and as regard the discharge is concerned the writ petition was filed in the year 1993 and more than 15 years have elapsed, therefore, the said claim at this stage cannot be considered. However, a liberty is given to the petitioner to apply for the representation before the respondents which shall be dealt with and decided by the respondents within the aforesaid period. (PREM SHANKAR ASOPA),J. Gandhi H/1