JUDGMENT :

Mr. SUBHASH UPADHYAY, J.

Petitioner has filed the present Writ Petition with the following prayers:

“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 03.05.2019 passed by Hon’ble Armed Forces Tribunal, Regional Bench, Laucknow, Circuit Bench, Nainital in O.A. No. 295 of 2022, “No. 4043429F Ex. Rifleman/Asar Singh Chauhan vs. Union of India and others, whereby the learned Tribunal has dismissed the Original Application which the petitioner has sought direction to grant disability pension to the petitioner (contained as Annexure No. 1 to the writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to grant disability pension to the petitioner from the date discharge.”

2. As per the case of the petitioner, he was appointed in the Assam Rifles and served there for 8 years and, thereafter, the petitioner was enrolled in Garhwal Rifles on 28.05.1963 after having been found medically fit. The petitioner had served in the Garhwal Rifles for 2 years 03 months and 01 day and was invalidated from service on 29.08.1965 under Low Medical Category Shape-S-2 (permanent) with 50% disability for SCHZHOPHRENIA for life. The claim of the petitioner for grant of disability pension, w.e.f., 29.08.1965 was rejected by the learned Armed Force Tribunal, though, it was the case of the petitioner that at the time of entry into service he was not suffering from any disability and that disability has accrued during the course of service. The petitioner has filed Original Application No. 295 of 2022 seeking grant of disability pension, w.e.f., 29.08.1965. The said Original Application was dismissed on the ground of delay, which led to filing of the present Writ Petition.

3. Leaned counsel for the petitioner submits that claim of pension and arrears of pension is a continuous cause of action and the claim of the petitioner ought to have been considered on merits and dismissal of the Original Application on the ground of delay and latches has caused irreparable loss to the petitioner as pension is a property as defined in the Article 300A of the Constitution of India and the petitioner cannot be deprived of the said right except by authority of law. Learned counsel further submits that the case of the petitioner is covered from the Judgment of the Hon’ble Apex Court in the case of Dharam Singh vs. Union of India and others, reported in (2013) 7 Supreme Court Case 316 and Ex. GNR. Laxman Poonia vs. Union of India and others, reported in (2017) 4 SCC 697, wherein the Hon’ble Apex Court has held in para 16 as hereunder:

“16. We have extensively quoted the judgment from Dharamvir Singh’s case as it has referred and quoted almost all the governing regulations and rules like Pension Regulations for the Army, 1961, the Entitlement Rules for Casualty Pensionary Awards, 1982 and General Rules of Guide to Medical Officers (Military Pensions) 2002. After referring to the above Regulations and Rules in Dharamvir Singh (supra) in para (29), this Court summarized the legal position as under:-

“29. A conjoint reading of various provisions, reproduced above, makes it clear that:

29.1. Disability pension to be granted to an individual who is invalided from service on account of a disability which is attributable to or aggravated by military service in non-battle casualty and is assessed at 20% or over. The question whether a disability is attributable to or aggravated by military service to be determined under the Entitlement Rules for Casualty Pensionary Awards, 1982 of Appendix II (Regulation 173).

29.2. A member is to be presumed in sound physical and mental condition upon entering service if there is no note or record at the time of entrance. In the event of his subsequently being discharged from service on medical grounds any deterioration in his health is to be presumed due to service [Rule 5 read with Rule 14(b)].

29.3. The onus of proof is not on the cl