EX. SIGNALMAN SURINDER PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) EX . Signalman Surinder Pal has filed the present writ petition under Articles 226/227 of the Constitution of India for quashing of the order, Annexure P -1, vide which vide the disability pension to the petitioner was discontinued. The petitioner has also sought quashment of the order dated 16.5.1997, Annexure P -3, issued by respondent No. 1, rejecting his appeal, on the ground that the disability of the petitioner was re -assessed on 3.7.1995 at less than 20%, i.e. 15 to 19% for 10 years, therefore, the petitioner is not entitled to be benefit of disability pension w.e.f. 14.11.1995.

(2.) THE case set up by the petitioner is that he joined the Army as Signalman on 30.4.1966. He was discharged from Army on account of disability and was granted disability pension, as his disability was assessed at 20%. The petitioner had been drawing his pension vide PPO No. 38440 Amritsar. On 28.10.1995, respondent No. 2 informed the petitioner that his disability has been reassessed at less than 20%. Therefore, the benefit of disability pension has been discontinued to him. The case set up by the petitioner further is that prior to the communication dated 28.10.1995, he was directed to appear before the Re -survey Medical Board, which assessed the same disability which was earlier assessed at 20%. The grouse of the petitioner is that the action on the part of the Chief Controller of Defence Accounts (Pension), who assessed the disability of the petitioner at less than 20% is arbitrary, unilateral, against the principles of natural justice it is not an expert body in the medical line and it has not constituted any further Re - survey Medical Board, which might have re -assessed the disability of the petitioner at less than 20%.

(3.) AS per the respondents, the recommendations of the Medical Board are only recommendatory in nature and the Chief Controller of Defence Accounts (Pension) is the final authority to declare about the disability of a military personnel. Further, it is submitted that the Chief Controller of Defence Accounts (Pension) while passing orders reducing the disability acts on the advice of the Medical Adviser (Pension).