petition].
held that the petitioner's disability is
atti*LifOut:e113ie':'..--{i0 military service and he is e1:1titled ... whether the said discharge is
account of disability suffered due to military service
Uzi that aspect of the matter, the contention
financial loss
and the visual disability of the petitioner the punishment of
W"
compulsory retirement from service is shockingly disproportionate.
Therefore the impugned order ... hereby directed to reinstate the
petitioner in service in any suitabie
to his visuai disability. i i i
The petitioner is entitled;
consequentiai benetfits
EiRsT DIVISINO ASSISTANT.
DIRECTORATE OF HEALTH AND
FAMILY WELFARE SERVIC ES,
ANANDA RAG CIRCLE.
BANGALORE ---- 560 079. ...RESPONDENT
{BY SR1 B.B.BAJEi\lTRI ... paid since he has attained
superannuation and has retired from service and was
medicaiiy disabled. Accordingly, the writ petitiqn is
disposed
admiltted to District
Hospital, _an"in--patient from 23.03.2002
to 27.04.2002]. disability he has relied upon
the evidence. of ".E':atish ... that on account of the
permanent disability caused to him, he has been terminated-.lro_m
the service and is unable to do any work
service_,'with"J consequential
monetary benefitsf and "also mto seek a writ of
mandamus to grants iinimum service pension or
disability pension
fir
L4-J
doctor and the disability certificate produced, the appellant is
now in Government service as Junior Lab Assistantin-, the
Health Department and therefore
appended herewith.
2
JUDGMENT
J.S.KI-IEHAR. C.J. {Oral} :
Disability pension was granted to the
by the learned Single Judge, while ... establishes are fast" thatthie disability suffered by
the ._ petiti.onue'r "attributable to the military
service. «The, respondents without appreciating
this
Doctor has assessed total body disability @ 25%.
The petitioner is a Sales Executive. The petitioner on
account of disability Cannot undertake journey. The
+
3
petitioner ... employment with no-security of service
of tenure. The Income of the appellant is Rs.12";8pOO/--
per month. Therefore, the petitioner
compensation under
fibula of left the accident.
negligence of Vehicle and
insurance dispiite.
2. disability at 15%. The
petitioriefi is said to befivorking as marketing officer ... been.r_ernOved from service after the accident.
H proportionate to disability would be
pm.
2 re--appreciation of facts and evidence.
'appellant
service«s top
section of the society and to Vensulre
securing justice are not denied'v--vi:tow--,anyl. of
economic or other disabilities ... procured the owner of a motor vehicle and the service also
' incltlde a claim made by the beneficiary under a policy of
_in-surance