EX Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition is filed by the petitioner praying for direction to the respondents to pay to the petitioner disability pension @ 50% and to compute his pension as would be calculable at the salary received by him on the post of Warrant Officer/Junior Commissioned Officer of Army alongwith arrears and 12% interest thereon.

(2.) The petitioner was enrolled in the Air Force as Combatant Soldier on 4.8.1963. It is alleged in the petition that the petitioner while performing his duties developed some health problems and reported to medical authorities of the Army. Due to the aforesaid health problems the petitioner was placed in a low medical category. Thereafter the petitioner was brought before a properly constituted medical board and the board recommended that the petitioner be released in a low medical category with effect from 31st August, 1991 from Army with 20% disability pension.

(3.) It is contended by the learned counsel for the petitioner that in view of the recommendations of the Vth Pay Commission raising the minimum percentage of disability pension to all central government employees from 20% to 50%, the petitioner made representation dated 8th July, 2002 for the revision of his disability pension.