EX PTR BALDEV SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) COMMON question of law based on same set of facts is involved in these cases. It was precisely for this reason that all these petitions were heard together, though different counsel appeared on behalf of the petitioners and the respondents were also represented by many counsel.

(2.) ALL the petitioners were in the service of the Indian Army and retired before 1/1/1996. All these petitioners are getting disability pension as they were invalidated out of service due to some injury or disease which was treated as attributable to and/or aggravated by military service. At the relevant time when these petitioners retired, there was a formula prescribed by the Government for fixation of disability pension which, inter alia, provided fixation of such a pension on the basis of actual percentage of disability suffered by the official.

(3.) IT is a matter of common knowledge that the Government of India constitutes pay Commission generally after a gap of every 10 years to go into the exercise of revision of pay scales admissible to Central Government staff. The exercise undertaken by such Central Pay Commissions include the Defence Forces as well. Fifth Central Pay Commission thus constituted, gave its report which was implemented with certain modifications by the Government of India, with effect from 1/1/1996. In respect of armed forces, Ministry of Defence took the decision on the recommendation of the said Pay Commission regarding disability pension/war injury pension/special family pension/liberalised family pension/dependent pension/liberalised dependent pension vide orders dated 31/1/2001. Apart from providing revision in the various kinds of pensions mentioned above, one significant recommendation which was given nod by the central Government in the aforesaid communication was prescribing modified formula for computing disability element of pension. The new formula which is contained in Para 7. 2 of the aforesaid communication dated 31/1/2001 reads as under:-"7. 2. Where an Armed Forces personnel is invalided out under circumstances mentioned in Para 4. 1 above, the extent of disability or functional incapacity shall be determined in the following manner for the purposes of computing the disability element:-Percentage of disability as Percentage to be reckoned assessed by invaliding for computing of disability medical board element less than 50 50 between 50 to 75 75 between 76 to 100 100