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2006 Supreme(J&K) 171

B.A.KHAN, J.P.SINGH
Devinder Singh [Ex. Sepoy No. 3385765] – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: D.R. Khajuria
Advocate For Respondent: Meyank Gupta

J.P. Singh, J.

1. Ex.Sepoy No. 3385765 Devinder Singh has appealed to this Court through his original side appeal, LPASW No. 168/2005, for setting aside writ Court judgment dated 07.10.2005 in SWP No.2333/2000 and for grant of disability pension to him.

2. Facts, necessary for the decision of this appeal, may be stated thus:--

The appellant joined army on 16.11.1985. He completed his training but was thereafter discharged and invalidated out from service. His request for grant of disability pension was rejected by the respondents on 18.06.1991. He kept on making representations but to no affect. His representation was finally rejected vide communication dated 29.05.2000. Aggrieved by the rejection of his claim for grant of disability pension, he filed SWP No. 2333/2000, which was rejected by a learned Single Judge of this Court vide his judgment dated 07.10.2005.

3. Appellants plea that he was subjected to medical examination at the time of his entry into service and no such disease had been detected at the time of his entry, so the detection of `Neurosis (hysterical reaction) cannot, but, be attributed to military service, was rejected by the learned Single Judge on the ground that in

































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