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2013 Supreme(J&K) 630

Hasnain Massodi
Babu Ram – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
R.S. Thakur, Ashwani Thakur, Neeru Goswami.

1. Petitioner was enrolled in Army (Signal Corps) on 08.02.1949. He was invalided out on 14.07.1953 on medical grounds. The Medical Board, according to the petitioner, declared him as a case of Schizophrenia, assessed his disability as 100%, and placed him in a Medical Category EEE. He, immediately after was boarded out, approached respondents with an application for grant of disability pension. However, the respondents avoided to take any decision on his application and the representations filed from time to time till the petitioner was constrained to invoke through medium of petition on hand, writ jurisdiction of this Court. He seeks a Writ of Mandamus commanding respondents to grant him disability pension with effect from 14.07.1953 with interest @ 24% per annum and to conduct re-survey Medical Board to assess his disability as on date.

2. Petitioner's case is that he was hail and healthy, free from any disability or disease at the time of his enrolment in Army and was, therefore, placed in Category AYE by the Medical Board that examined him at the time of his enrolment. He insists that the disease "Schizophrenia" detected more than five years after he was enrolled, was clearly a






















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