A SALAHUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is the petitioner in OP No. 31055/2000. He joined Army as a Signalman on 31/03/1974. He was invalidated on account of Neurosis 300 on 18/04/1979. The petitioner approached this Court since he was denied disability pension. The writ petition was disposed of by Ext. P2 judgment dated 17/06/2003 with a direction to competent authority to reconsider the case of the petitioner in the light of the Full Bench decision of this Court in Baby v. Union of India reported in 2003 (3) KLT 362 , 2003 KHC 1127 : 2003 (3) KLT 362 : ILR 2003 (2) Ker. 493 , (OP No. 24762/1999).

(2.) The petitioner was given Ext. P6 communication dated 31/12/2003 to the effect that his disability was reassessed as 'Nil' for life by the re - survey medical board held on 01/11/2002. Subsequently, as per Ext. P7 communication dated 07/06/2004, it was informed that ' ....... the competent authority has reconsidered the matter regarding grant of disability pension to No 14222721 Ex Sigmn A Salahudeen and has decided that the ID 'NEUROSIS' of the petitioner be regarded as aggravated by military service with degree of disablement at 20% for life w.e.f. 19 April, 1979. Necessary PPO notifying the disability pension @ 20% p.m. for life be issued immediately'.

(3.) According to the petitioner, the disability is much more. While issuing Exts. P6 and P7, the petitioner was not examined by the Medical Board. He filed Writ Petition (C) No. 4022/2005. This Court dismissed the writ petition holding that in case there is higher degree of disability, the pension cannot be increased. The petitioner filed a review petition as RP No. 649/2006. This Court in the order dated 18/06/2007 held that ' ....... Though the subsequent increase in the disability can be taken note of, for grant of pension, at present, he is not suffering any disability. It is a finding of fact by the competent authority. Accordingly, the RP is dismissed'. Aggrieved, the petitioner has filed the present writ appeal.