P K KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing writ petition in the Delhi High Court, petitioner (appellant herein), a retired Lieutenant Colonel (Time Scale), sought weightage of 8 years to be added to the actual qualifying service as also enhancement of percentage of disability, in short, he asked for refixation of the pension.

(2.) The facts giving rise to the writ peti tion are as follows :- In 1962 appellant was commissioned as an officer in Indian Army. This was during National Emergency created by Chinese in vasion. He was an officer in the Sikh Light Infantry.

(3.) In 1965 while fighting in Jammu and Kashmir sector against Pakistani troops Appellant got a shell injury in his left shoul der. After war, he was retained in service, granted permanent commission and allowed to work till 30.11.89 when he was released on superannuation on completion of 51 years of age after putting in qualifying ser vice of 26 years. Before his retirement Appellant was subjected to examination by the Medical Board which assessed the appellant's war injury disability at 30%, per manent for life.