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2007 Supreme(SC) 80

ARIJIT PASAYAT, S.H.KAPADIA
Shiv Dass – Appellant
Versus
Union of India – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the Writ Petition filed by the appellant on the ground that it was highly belated. It was noted that appellant was out of service in the year 1983 and the writ petition was filed in 2005.

3. Appellant’s case in a nutshell is as follows:

Appellant was enrolled in Army Medical Corps, Lucknow in September, 1965. In 1982 he suffered from medical problem of weak eyesight and he became almost 80% disabled, despite being getting the treatment. Therefore, he was placed under low medical category by the Medical Board. He was relieved from the service being invalidated out of service. In 1983 appellant claimed disability pension for the 80% disability. It was rejected by the Chief Controller of Defence Accounts (Pension), Allahabad. Appellant claims that he had filed appeal before the appellate authority but there no reply was given. Since there was no intimation regarding any order in the appeal, he filed the writ petition in 2005. His prayer was for grant of disability pension. The High Court dismissed the writ











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