MAHIDHAR PRASAD MUNDEPE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certtorarf quashing decision of respondent No. 2 Controller of Defence Accounts (Pension), Allahabad, denying the disability pension to the petitioner w.e.f. 24.8.1988. A mandamus has also been sought for payment of arrears of pension with interest.

(2.) HEARD earned Counsel for the parties and perused the record.

(3.) THE respondents contested the petition and a counter -affidavit was filed on their behalf, in which it has been admitted that the petitioner did join Indian Army on 1.7.1950, with Garhwal Rifles and promoted to the rank of Nb. Subedar, in Army Education Corps. It is also admitted that while the petitioner was serving with 95 Mountain Regiment, his low medical category was detected due to the disease Ventricular Extra Systole Branch Block' and he was placed in medical category C.E.E. and later to medical category B.E.E. (Permanent). It is also admitted that the petitioner got retired with disability pension with 20% disability. It is also admitted that from time to time his disability was found to have been continued to the extent of 20%. However, for the disputed period, i.e., with effect from 2.1.1999, it is stated in the counter -affidavit that the disability pension was discontinued as the claim for claim of re -assessed disability pension recommended by Re -survey Medical Board was rejected by P.C.D.A. (Pension), Allahabad, after consultation with the Medical Adviser (Pension). It is stated in the counter -affidavit that the disability due to the disease had gone down by 1 -5%, from 20%, as such, the petitioner was no more entitled to the disability pension.