MATHEW Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant/petitioner is an unfortunate person who served the Military for about 13 years. He was appointed as a Gunner on 13.3.1948. He was transferred to the reserve on 24.8.1955. Later on 15.6.1961 he was invalided by an Invaliding Medical Board under Army R.13 Item III (iii). These facts are clear from Annexure R3(a) produced by the respondents. His total service works out to 13 years and 94 days including reserve service. The respondents accepted the invaliding disability of the petitioner as attributable to military service and he was paid disablement compensation. This is also stated in the counter affidavit filed in the Writ Appeal. Appellant was getting disability pension continuously till 13.5.1987. After getting pension for more than 25 years Ext. P3 was issued by the Accounts Officer stating that his pension will be discontinued as his disability was assessed on 5.3.1987 as less than 20%. Appellant/petitioner filed appeal and various representations, but all in vain. Finally, by Ext. P8 dated November, 1993, the appeal was rejected and petitioner was informed accordingly. Challenging the above when appellant/petitioner filed the Original Petition, the Original Petition was dismissed on the ground of delay as he filed the Writ Petition on 1.6.1995 and more than one and a half years have elapsed after Ext. P8. When appeal was filed, taking note of the fact that petitioner has got continuing grievance the appeal was admitted and notice was issued.

(2.) A detailed counter affidavit is filed. It is submitted by the appellant that only when the counter is filed appellant was actually aware of the details of the matter. In Ext. P3 itself it is stated that it is issued on the basis of the reassessed Medical Certificate. Annexure R3(b) is the Medical Certificate issued by the Resurvey Medical Board which clearly shows that his disablement was fixed at 20% permanently with effect from 13.5.1987. Annexure R3(c) shows that it was recommended to give disability pension for a period of ten years. Annexure R3(c) reads as follows:

(3.) Now we may consider the Rules and Regulations regarding payment of pension. Regulation.173 of the Pension Regulations (governing Armed Forces Personnel) provides as follows: