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1999 Supreme(MP) 812

C.K.PRASAD
Ex Sepoy Rajesh Kumar Upadhyay – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.C. Ghildiyal, Adv.
For Respondents/Defendant: Indira Nair, Adv.

ORDER

C.K. Prasad, J.

1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, petitioner prays for quashing of the order dated 18-3-1997 (Annexure P-2) as also the order dated 5-4-1999 (Annexure P-4) whereby the prayer made by the petitioner for grant of disability pension has been rejected.

2. Facts necessary for the decision of the present writ petition are that the petitioner was enrolled in the Army in Corps of Electrical and Mechanical Engineers on 27-2-1991. It is his assertion that on successful completion of training at 3 EME Centre at Bhopal and College of Material Management at Jabalpur he was posted as Sepoy (Store Keeper Technical). Petitioner appeared before the Medical Board on 12-3-1996 and it was found that the petitioner was suffering from non organic psychosis. Thereafter a discharge slip was issued to him on 6-4-1996 and from perusal of the discharge slip it is apparent that he was invalidated out of service on account of low medical category 'EEE' (Psychological). His disability is more than 20%. Petitioner made request for grant of disability pension which as stated earlier has been rejected by the impugned orders.

3. Return has been


















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