Sukhvinder Singh v. UOI PDF
Sukhvinder Singh v. UOI PDF
Sukhvinder Singh v. UOI PDF
REPORTABLE
Versus
ORDER
the High Court of Delhi at New Delhi dated March 30, 2006 whereby
Petition, inter alia, was for the issuance of a writ directing the
if disability is twenty per cent and above, (b) the service element of
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grounds any deterioration in his health which has taken place is due to
been made in the Medical Entry Form viz. AFMSF-2 for existence of
any disease at the time of enrolment. This was after the Appellant
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category.
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he suffered shooting pain in that ear and was admitted to the Military
Officer (ENT), dated 5.8.2001 which has been filed with the Appeal as
Annexure P-1. It contains a noting to the effect that the Appellant had
stated that he was hit on the ear by a fellow patient in the ward. The
as to the manner in which the injury was sustained was because it was
face of the Pension Regulation for the Army, 1961, Part I, Appendix II
(4) and (9) which postulates that “the claimant shall not be called upon
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Inexplicably, but very significantly, it has also been recorded that the
above disability had existed before entering service, but had remained
conveyed to the Appellant by the said letter that as per Regulation 173
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satisfied to note that Rule 173 Appendix-II (10) postulates and permits
preferment of claims even “where a disease did not actually lead to the
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his having been slapped by his Instructor, or for that matter by any
thorough medical examination only one year prior to the incident, had
both counts viz. disability to the extent of less than 20 per cent, as well
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............................................J.
[VIKRAMAJIT SEN]
............................................J.
[SHIVA KIRTI SINGH]
New Delhi
June 25, 2014.
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