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1998 Supreme(P&H) 1384

T.H.B.CHALAPATHI
Kanta Devi – Appellant
Versus
Union Of India – Respondent


Judgment

T.H.B.Chalapathi, J.

1. The Petitioner is the widow of Havaldar Nagar Mal, who was enrolled in the Army as Sepoy on 20.6.1979. At the time of enrollment, the petitioners husband was physically and mentally fit. During his service in the Army, he also obtained a degree in law and also cleared his map reading course. Throughout his career in the Army his service record was good. On 7.2.1989 he was discharged from the Army on medical ground that he developed disease known as Non Organic Psychosis. After the discharge from the Army, the petitioners husband made representation to the authorities for the grant of disability pension, but the same was denied to the petitioners husband. The petitioners husband died on 2.3.1991 in a railway accident. The petitioner also made a representation for granting disability pension to her husband, but the same was denied on the ground that the disease of the petitioners husband was not attributable to Military service. Therefore, the petitioner was compelled to approach this Court seeking issuance of a writ of certiorari to quash the order of the respondents denying the claim of the petitioners husband for disability pension and also for a wr




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