B S DHANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B. This batch of writ petitions bearing WP (C) Nos.5603/2002, 7361/2002, 7010/2002, 7351/2002, 1995/2003, 3440/2003, 109/2004, 745/2004, 1847/2004 and 1848/2004 can be disposed of by a common order.

(2.) In WP (C) No.5603/2002, the case of the petitioner is that the petitioner was granted permanent commission in the Army on 23rd June, 1968. On 24th October, 1994, the petitioner developed chest pain and was admitted to the Army Hospital, Belgaum. The petitioner was diagnosed as a case of Angina Chest. The petitioner was treated by army medical authorities and was placed in a low medical category. The petitioner was brought before the properly constituted medical board and the medical board recommended 20% disability and the petitioner retired from service on superannuation. The petitioner was released disability pension at the rate of 20% on 25th May, 2001. In this writ petition, petitioner has prayed for enhancement of disability pension from 20% to 50% on the basis of certain notifications.

(3.) Mr.Hooda, learned counsel for the petitioner has contended that the respondent has issued a notification dated 31st January, 2001 and the disability element for 100% disability for various ranks was revised pursuant to the said notification. He has contended that for grant of disability pension component of the rate of disability element and the percentage of disability assessed has to be taken together for assessing the disability pension of the petitioner. Mr.Hooda has relied upon para 7.2 of the aforesaid notification/circular which is to the following effect :-