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1998 Supreme(Pat) 716

CHAUDHARY S.N.MISHRA
Bharat Giri – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the petitioner: M/s. Rajendra Narain and Lakhan Chandra Maharaj.
For the Union of India : M/s. S.N.Pathak and Binod Murari Mishra.

JUDGMENT :

Mishra, J.-In this writ application under Ar1icles 226 and 227 of the Constitution of India the petitioner has prayed for issuance of a writ of mandamus commanding the respondents to pay disability pension to the petitioner, who was discharged from the military service on the ground of suffering from neurosis and also for quashing the ORDER :, dated the 19th August, 1991 passed by the appellate authority rejecting the prayer for disability pension, a copy of which is made Annexure-6 to this writ application. Shortly stated, the case of the petitioner is that he was appointed as a Signalman in the Indian Army on 9.9.71 and was sent for training to 2, S.T.C. Marigaon, Goa, and after the training, he was posted in Signal Regiment at Chandigarh. Subsequently, the petitioner fell ill and was hospitalised in the Military Hospital where it was found that the petitioner was suffering from Neurosis (300) and. accordingly, he was discharged from the Military Service on 18.7 .1973. It is further alleged that the Medical Board found the petitioner disabled to the extent of 20 percent. and recommended for grant of disability pension. but the claim of pension was rejected by the author








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