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2006 DIGILAW 390 (PNJ)

Om Parkash v. Secretary To The Ministry Of Defence, Govt. Of India, New Delhi

2006-02-09

VINEY MITTAL

body2006
Judgment VINEY MITTAL, J. 1. The plaintiff has concurrently lost before the two courts below. He filed suit for mandatory injunction and claimed that he was entitled to grant of disability pension to him with effect from April 09, 1974 i. e. the date when he was invalided out of the service on account of his medical disability. 2. The suit in question was filed by the plaintiff on February 21, 2002. 3. The defendants took up the stand that the suit filed by the plaintiff was hopelessly barred by limitation. It was also claimed by them that the plaintiff was found to be suffering from "csom LT. MODERAT sized DRY CENTRAL PERFORATION LT. EAR RT TM SCAREED C calcerous PATCH INTACT MOBILE:". The defendants also pleaded that the plaintiff had served the Army only for a period of four months and therefore, there is no question of his claiming any disability pension. The defendants also maintained that as per the medical opinion, the disease suffered by the plaintiff was a constitutional disease and was not aggravated by the service conditions nor caused therefrom. 4. Both the courts below have concurrently held that the plaintiff was not entitled to any disability pension inasmuch as shown that the plaintiff had not incurred the disease in question because of his service conditions or the said disease was aggravated because of the aforesaid conditions. 5. The suit filed by the plaintiff was also held to be barred by limitation. It has further been held that since the plaintiff was in service only for a period of four months, therefore, he could not claim any disability pension. 6. Nothing has been shown that the findings recorded by both the courts below suffer from any infirmity or are contrary to the record. No question of law, much less any substantial question of law, arises in the present appeal. Dismissed.