Record Officer vs H Lingaraju S/O Late Huchaiah on 7 December, 2010

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Karnataka High Court

Record Officer vs H Lingaraju S/O Late Huchaiah on 7 December, 2010

Bench: J.S.Khehar

1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 077" day of December 2010
PRESENT

THE HONBLE MR.J.S.KHEHAR, CHIEF tJUsfrI*:i0:'I«:- ..

AND

THE HON'BLE MR.JUSTICEA.S.BQP1U\ll\:fAV"~10:  "  

W.A No.2709/2o1o'{s~REs)  -1' 
BETWEEN: 1 0.

1. Record Officer,
Madras Engineer Group  
P.B.No.4201, Sivan Chetty  * 
Garden Post Office 0' '  V
Bengaluru.

2. Controller of D_efence§_' V .  . ._
Accounts {F'_enSiso'ﬁ;S}.    A   
mianabad"   ' .. ._    »

3. The Secretary to:,G.over1;.r_nen't~..__ 
Of India, 3'/Iini.Vstr3'*1.'o1" Defence,.
Sena Biaavan", New Delh_i."" A. ' -

 4- r _ *    ..Appe11ants

[By Sri . C . G'.tShasVShlV;:1i'dh'£1Iig.*e~Adv.)

' LS;fo.lat.e'~£1ILzc1*1aiah

}';ge'd_ ab"o1it~.4(} years
Ex. Naik~  168K
{Unit 1 AERVCV/o 56 APO)

 _ 7._R/a House No.1/257--C
 Basavanagudi Street,

A f"I<ollegal, Mysore DistI'ict--571 440

..Respondent

This Writ Appeal is filed under Section 4 of the

 Kamataka High Court Act praying to set aside the order

passed in the Writ Petition No.4.~0560/2001 dated

09.04.2010.

This Writ Appeal coming on for Preliminary Hearing

this day, Chief Justice delivered the following:



.....5'""%Q"

xii";

 l:f.Ar1riexure~A appended herewith.

2
JUDGMENT

J.S.KI-IEHAR. C.J. {Oral} :

Disability pension was granted to the by the learned Single Judge, while ofi WP.No.«ii0560/2001 by order dated jro9i,g0zi;2i0'i.o.iiyiAby'?

observing interalia as under;

"6. Contrary to the medical advise the petitioner was posted to d.ifferen,t"places-~_froInAtimeto time between 1992 to~--._1§?98;i_ is the summary of the opinion given ;_by'i-as' .Doctoi*._i'n. the military Hospital 011 15.091998.-.A I11"'EX';--R.8, it is stated that ps_ych_iatric§; depijes-sior_i._Vof the petitioner is aggravat,ed;'3'ion .a'cco.unt_,of change of location of petiti:%'3ner~--.ai'id-.._stop*page":)f-medicines due to non» availabi1i'tyi.;__ fFhi'sT ~m_ate1f?Ea1 on record clearly establishes are fast" thatthie disability suffered by the ._ petiti.onue'r "attributable to the military service. «The, respondents without appreciating this'*--rmtaterial°.avai"iab1e on record committed an error in' rejecti11g""the claim of the petitioner for , . disability pension."

A 2; perused the pleadings in the instant irtéeliiare satisﬁed, that the conclusion drawn

--V by lhthgehlearned Single Judge was clearly based on Annexure--A is ' extracted hereunder;

" TO WHOMSOEVER IT MAY CONCERN

1. No.13'73168K Rank: NK/Clk name H.Lingaraju is a case of 'Affective Disorder" {Psychiatric} being 3 observed in low medical category 'CEE' (T) 6/ 12 years.

2. The AFMSM--15A originated at Hospital (Eastern Command), Calcutta oiia-.ca1f:"ies, the psychiatrists recommendation .-A4""regai*cling"'--i V' employability, which speciﬁcally mention's.xtl'1.at s

(a) Individuai is to be posted to where psychiatric facilities exist. -. _ _ "

3. It is respectfully that__ none recommendations have'-._ ' been taken} into consideration while poStii1g'p_"th'ei. _individ'ual'to this unit since. -- --. v "Neither anyTT,:._ Psytckliatficat-fpi*c" facility" is available within _'i.:UQ_K.;l_Vl_ praciius of this units location, nor: {even the ""F*'sychiatric drug"

I E; \vhii:l1~._l4e' has--«.__pbeen' advised to continue is F7 av.ai1laV?;)le."' '

3. relevant medical officer clearly depiCt..s,"that Athueillness of the respondent was militaiy-appointment, as also, his postings V' time. _t'o..4tirne;

4." view of the above, we ﬁnd no merit in the writ appeal and the same is accordingly K ---. ;dHis:fnissed.

In View of the fact, that the main Writ appeal has been dismissed. Misc.W 5867/2010 and Misc.

W6868/2010 appended to the writ appeai do not survive for consideration, and as such, are disposed of.

Chief Ijgstice H ,_ f d mv* Index: Y/N

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