DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Rama alias Ramo – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. exemption application allowed. (Para 1 , 2) |
| 2. eligibility for disability pension depends on service connection. (Para 3 , 6) |
| 3. petitioner's arguments related to delay in filing. (Para 4 , 5) |
| 4. petition dismissed due to delay. (Para 7 , 8) |
CM APPL. 34480/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
W.P.(C) 11618/2022
3. By way of the present petition, petitioner seeks quashing and setting aside of the order dated 31.01.2005 passed by respondent no.4 and directing respondent nos.1 to 3 to disburse the claim of the petitioner with interest @ 18% p.a. from 16.02.1987 till date of realization including family pension or other arrears if any.
4. Notice issued.
5. Mr.Jatin Singh, learned Senior counsel accepts notice on behalf of the respondents and submits that the present petition has been belatedly filed.
6. In earlier round of litigation, the petitioner filed a writ petition being W.P.(C) 2066/2004 while disposing off a batch of matters on 05.03.2004 by directing the respondents to pay the disability pension in terms of "Ex. Ct. Jasbir Singh vs. Union of India, W.P.(C) No.5166/2000
The denial of a disability pension based on a Medical Board's finding of non-attributable disability is valid, and significant delays in filing a petition bar claims due to laches.
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