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2009 Supreme(Raj) 1551

MOHAMMAD RAFIQ
Murlidhar Jat – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. Omprakash Sheoran, Advocate.
For the Respondent:Mr. Sanjay Pareek, Advocate.

JUDGMENT

1. :- Petitioner has filed this writ petition aggrieved by discontinuation of payment of pension to him w.e.f. 31/8/1996 and with the further prayer that respondents be directed to grant him disability pension from the said date with arrears on the ground that his disablement was assessed at less than 20% i.e. 11-14% for five years.

2. Shri Omprakash Sheoran, learned counsel for the petitioner has argued that petitioner was enrolled in the Indian Army (Army Medical Corps) on 28/9/1965 and was discharged on medical grounds in lower Medical Category (CEE Permanent) on 28/6/1982 after serving the respondents for more than 17 years. Petitioner while serving the respondents suffered from a disease namely; ID- Back Ache with Sciatic Syndrome (Right) . Petitioner acquired this disease due to the conditions of service and stress, which was assessed by the medical board as "attributable to and/or aggravated by Military service" more than 20%. Petitioner was sanctioned and granted disability pension apart from service pension at the time of discharge on 28/6/1982. He was periodically brought before the medical board and continued to get his disability pension. Third medical review bo


















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