Case Note & Summary
The petitioner, Moreshwar Bhalchandra Deshpande, joined the Indian Army as a Sepoy-Driver on 4th February 1981 and was posted in difficult terrains in Jammu and Kashmir. He developed psycho fear, was hospitalized multiple times, and was invalidated from service on 5th July 1985. He made a representation for invalidation pension, which was turned down. The last date for filing an internal appeal was 18th June 1986, but it was not entertained. The petitioner filed a writ petition in 2003, nearly 18 years after his discharge. The court held that the petition was barred by delay and laches, and the disability was not attributable to military service. The petition was dismissed.
Headnote
A) Service Law - Invalidation Pension - Delay and Laches - Pension Regulations for the Army 1961 - Petitioner, a Sepoy-Driver, claimed invalidation pension for psycho fear developed during service in difficult terrains - Petition filed in 2003, nearly 18 years after discharge in 1985 - Held that the claim is hopelessly barred by delay and laches, and the disability was not attributable to military service (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to invalidation pension for disability claimed to have arisen during military service, and whether the petition is barred by delay and laches.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Delay and laches
- Invalidation pension
- Disability attributable to military service
- Pension Regulations for the Army 1961
Case Details
2006 LawText (BOM) (07) 11
Writ Petition No.2560 of 2003
H.L. Gokhale, J.H. Bhatia
Mr.V.S. Talkute for petitioner, Mr.Anil Singh with Ms.Rutuja Ambekar for respondents 1 to 4
Moreshwar Bhalchandra Deshpande
Government of India & ors.
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Nature of Litigation
Writ petition seeking invalidation pension for disability claimed to have arisen during military service.
Remedy Sought
Petitioner sought invalidation pension from the respondents.
Filing Reason
Petitioner's representation for invalidation pension was turned down, and internal appeal was not entertained.
Previous Decisions
Representation for pension turned down; internal appeal not entertained.
Issues
Whether the petitioner is entitled to invalidation pension for disability claimed to have arisen during military service.
Whether the petition is barred by delay and laches.
Submissions/Arguments
Petitioner argued that he developed psycho fear due to continuous driving in difficult terrains and was invalidated from service.
Respondents contended that the disability was not attributable to military service and the petition is barred by delay.
Ratio Decidendi
The claim for invalidation pension is barred by delay and laches as the petition was filed nearly 18 years after discharge, and the disability was not attributable to military service.
Judgment Excerpts
The petitioner herein claims a pension for invalidation after a short service in the Armed Forces.
He was invalidated from his service and was discharged from 5th July 1985.
The petition was filed in 2003, nearly 18 years after the discharge.
Procedural History
Petitioner joined service on 4th February 1981, discharged on 5th July 1985. Representation for pension turned down. Internal appeal not entertained by 18th June 1986. Writ petition filed in 2003.
Acts & Sections
- Pension Regulations for the Army 1961:
