Justice R.L. Khurana had directed the Ministry of Defence to pay the petitioner disability pension along with arrears from the date when he was removed from service within three months of the verdict.
The petitioner had stated that he was enrolled as a sepoy in the Mahar Regiment of the Army on January 18, 1958. He had added that he was removed from service on March 20, 1964, since he was found to be of an unsound mind and was not paid disability pension.
He had further alleged that he made several representations to the Ministry, but nothing was done. In 1999, he approached the court.
Delivering this judgment, Justice Khurana observed that the petitioner was not found suffering from any disease at the time of his recruitment in the Army. If there was no note with regard to a disease on account of which a person had been removed from service, it would be deemed to be attributable to or aggravated by Army service, the court ruled.