AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SHRI Avtar Singh has filed the present Civil Writ Petition under Articles 226/227 of the Constitution of India and he has prayed that a writ of certiorari may be issued against the respondents by quashing orders Annexures P -2 and P -4 and direction be given to the respondents to release the benefit of disability pension to him with effect from 16.1.1996.

(2.) THE case set up by the petitioner is that he was born on 15.2.1960. He was enrolled in the army after having been found medically fit and was placed in category "AYE" on 26.11.1980. He was sent for training and after completion of the training he was allocated to Unit No. 8 of Mount Division. He was admitted in the military hospital due to ear disease while posted in adverse climate condition in the high altitude in the year 1983. He was invalidated out of the army service on the recommendation of the invalidating Medical Board and he was placed in medical category "BEE" on 1.4.1984. The petitioner was granted disability pension on 2.4.1984 for a period of 2 years at the rate of 20%. This was extended up to a period of ten years i.e. up to 15.1.1996. The petitioner was again brought before the Re -survey Medical Board for reassessment of the disability on 7.5.1997. The petitioner received a letter from the Record Office that his disability has been assessed at 20% on 30.6.1997 but this disability has been reduced to the surprise of the petitioner by the CCDA (P) with effect from 16.1.1997. The petitioner filed an appeal before the Ministry of Defence which was rejected on 2.3.2000. Hence the present writ petition has been filed by the petitioner.

(3.) I have heard Shri B.S. Sehgal, learned counsel appearing on behalf of the petitioner and Shri B.S. Guglani, learned counsel, appearing on behalf of the respondents.