JASBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In these writ petitions, petitioners have claimed disability pension. The disability pension, according to the petitioners, was recommended and certified in their favour. However, the claim of disability pension was rejected by the Chief Controller of Defence Accounts(Pension) on broadly three counts. First, the disability suffered by the petitioners was not attributable to or aggravated by the military service. Second, the disability was less than 20% by re-assessing the same without taking the opinion of the Medical Board or without any material before the Chief Controller of Defence Accounts and, third category of cases are those where the petitioners were getting disability pension but the same has subsequently been discontinued.

(2.) Learned counsel for the petitioners have contended that the disability pension is governed under Pension Rules of 1961 which are framed under Regulations 48, 173 and 185. There was some dispute with regard to the applicability of Pension Rules of 1961 as the learned counsel, appearing for the respondents, have contended that the same stand replaced by Pension Rules of 1982.

(3.) A Division Bench of this Court in CW.3868/1993, entitled " Ex.-Signalman Shri Bhagwan Vs. Union of India & Others", has dealt with the matter extensively while delivering a Judgment on 15th November, 2002. In view of the observation of the Division Bench in sub para 9 of para 199 at page 86 of the judgment, the various arguments advanced by the learned counsel for the petitioners stand answered. The sub para 9 of para 199 of the said judgment reads as under:-