UNION OF INDIA Vs. DHIR SINGH CHINA COLONEL

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana, Chandigarh dated 24th January, 2001 in LPA No. 216 of 2001 whereby the appellant Bench dismissed the appeal preferred by the appellants-Union of India and others upholding the claim of the respondent to disability pension under Regulation 53 of the Pension Regulations. Earlier a learned single Judge of the High Court had allowed the writ petition of the respondent herein upholding his claim for disability pension under the aforesaid Regulation 53 as also under Rule 4 of the Entitlement Rules for Casualty Pensioners Awards, 1982 (hereinafter referred to as the Entitlement Rules). The learned Judge accordingly directed the appellants to release the disability pension of the respondent according to Rules and Regulations.

(2.) The facts of the case are that the respondent was commissioned in the Indian Army in May, 1964. He served the Indian Army for many years and ultimately superannuated from service on 31st August, 1994 holding the rank of Lieutenant Colonel. The respondent suffered a heart attack on 11th August, 1994 and had to undergo a bye-pass surgery. He also suffered from Open Angle Glaucoma in both eyes. In these circumstances, on 3rd September, 1997 he claimed disability pension which was rejected by the appellants compelling him to file a writ petition before the High Court for a direction to the appellants to pay him, in addition to his service pension, disability pension to which he claimed to be entitled in accordance with the Rules. It is also not in dispute that the respondent was examined by a Medical Board consisting of three members on 31st August, 1994. The Board found that the respondent had suffered disability to the extent of 60% on account of (1) IHD (Angina Pectoris) (40%) and (2) Primary Open Angle Glaucoma in both eyes (20%). The Medical Board was also of the opinion that neither of these diseases were either attributable to or aggravated by military service and that the diseases were constitutional in nature.

(3.) Regulation 53 of the Regulations provides as follows:-