The petitioner, a former CRPF sepoy discharged due to disease, sought disability pension for Chronic Sacroilise Arthritis purportedly caused by service. The High Court dismissed the writ petition solely on the ground of inordinate delay and laches of 38 years.
The writ petition was dismissed on the ground of delay and laches.
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CWP No.2490 of 2008 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
CWP No.2490 of 2008 Date of decision: 9.9.2008
Gurdial Singh
..Petitioner
Versus
Union of India and another
...Respondents
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.S. Salar, Advocate, for the petitioner. Mr. Ashwinie Kumar Bansal, Advocate for the respondents.
Ashutosh Mohunta, J. (oral)
The petitioner has prayed for the grant of disability pension, which was rejected by the respondents on the ground that invalidation of the petitioner was on account of Chronic Sacroilise Arthritis which was not attributable to military service. The petitioner was recruited as a sepoy in 30th Battalion of CRPF. The petitioner suffered the disease of Chronic Sacroilise Arthritis and was discharged from service on 17th March, 1970 on account of invalidation vide Annexure P-3. He filed an application for grant of disability pension and he was informed vide letters dated 15th July, 1972 and 4th July, 1977 that he was not entitled for invalid pension as he had less than 10 years of service at the time of invalidation. The petitioner has claimed that his disease was on account of service conditions as he was directed to lift heavy wooden logs for construction of bunkers for the defence.
CWP No.2490 of 2008 2
Reply has been filed on behalf of the respondents wherein it has been averred that the writ petition has been filed after an inordinate delay of 38 years. It has been further averred that there is no evidence on record to show that the petitioner was directed to lift wooden logs for construction of bunkers in the defence.
After hearing learned counsel for the parties, it is clear that the petitioner was informed about the non-sanctioning of his disability pension vide letters dated 15th July, 1972 and 4th July, 1977. The petitioner has filed this writ petition after an inordinate delay of 38 years of his discharge from service.
Even on merits, there is nothing on record to suggest that the invalidation was on account of service rendered in the CRPF.
In view of the above, we dismiss the writ petition on the ground of delay and laches.
(ASHUTOSH MOHUNTA) JUDGE
JUDGE
September 09, 2008 'rajpal'
2 issues framed by the court
Whether the petitioner is entitled to disability pension when his invalidation was not attributable to military service and he filed the petition after an inordinate delay.
Whether the claim for disability pension fails on merits due to lack of evidence linking the disease to service conditions.
Gurdial Singh
Union of India
Ashutosh Mohunta
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
