RAMESH KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed through a counsel of this Court. The petitioner, however, has chosen to argue it in person. He has prayed for a writ in the nature of mandamus directing the respondents to grant pension of Havaldar Group 'A' with arrears and medical disability pension of real condition of his knee and soldier and C.B.I., Investigation to give all the correct report and representation dated 23.9.1998 and further to grant any writ, or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(2.) Sri A.K. Sinha, standing counsel was heard for Union of India.

(3.) The facts in brief are that petitioner Ex-Havaldar No. 14675948 Ramesh Kumar Mishra was enrolled in the Army on 25.9.1976 in the apprentices category. He was transferred to men's service on 30.8.1978 in the trade of instrument mechanic group 'B', and promoted to the rank of N.K., Group 'B' with effect from 1.1.1988. He passed diploma upon which he was re-mustered from Group 'B' to 'A' and appointed to the rank of H.M.T. in Group 'A' from his initial rank of Naik on 22.1.1990 and subsequently promoted to the substantive rank of Havaldar in Group 'B' with effect from 1.11.1994. He was admitted in Base Hospital for medical recategorisation. After discharge from the hospital, he absented himself without leave w.e.f. 26.10.1996 to 1.12.1996. Due to his absence without leave, his appointment of H.M.T. was relinquished on 26.10.1996 and he was awarded punishment, "severe reprimand" and 14 days pay as fine under Section 39 (a) of the Army Act. He was discharged from service on 31.8.1997 on the ground of his medical category lower than "AYE' and not upto prescribed medical military physical standard under item III (V) of table annexed to Rule 13 (3) of Army Rules, 1954. At the time of his discharge, he was holding substantive rank of Havaldar in Group 'B'. The Audit Authority granted him pensionary benefit In the rank of Naik by P.P.O. dated 12.2.1998. His case was referred to P.A.O. (OR) E.M.T. with revised L.P.C.-cum-Date Sheet for grant of pensionary benefit in the rank of Havaldar Group 'B'. The Authority returned the case un-attended stating that the Individual was reverted to the rank of Naik on 26.10.1996 from H.M.T. In addition to service pension. the petitioner was also granted disabled pension by P.P.O. dated 14.12.1998.