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2005 Supreme(J&K) 168

S.K.GUPTA
Prem Chand (Ex. Sepoy) – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Advocate For Appellant: R.K. Gupta
Advocate For Respondent: V.K. Magoo

1. The petitioner has filed this writ petition challenging the rejection of his case for grant of disability pension by the respondents on the ground that his disability has been held less than 20%, disentitling the petitioner disability pension by the Sanctioning Authority i.e. PCDA(P) Allahabad based on the opinion of the Medical Advisor obtained in this behalf.

2. According to the petitioner, he joined the Indian Army in the year 1957 as Sepoy in AMC Corps. After serving more than 9 years, he was sent to the Reserve in the year 1966. On the completion of 15 years of Combined Colour and Reserve Service, service pension was granted to the petitioner. The petitioner was re-enrolled in Defence Security Corps. on 25.07.1977 and on the completion of its term of engagement, stood transferred to Pension Establishment w.e.f. 01.08.1992. The petitioner further stated to have been boarded out from the army in the year 1992 on medical grounds having contracted a disease called as ˜Essential Hyper Tension and Pro-lapse Disc™ conducted by the Medical Board. It is stated that his disability was assessed at 20% to 40% on account of the said disease. The petitioner was granted disability pension















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