MAJOR SINGH GILL Vs. UNION OF INDIA

JUDGEMENT

(1.) Major Singh Gill has filed the present petition under Articles 226 and 227 of the Constitution of India for release of pension in the rank of Subedar and grant of pension for 100% disability.

(2.) The facts necessary for the decision of the writ petition are that Major Singh Gill was enrolled as sepoy in the Corps of Engineers in Army on 4.8.1961. He claims that he was last promoted as Subedar with effect from 1.4.1988. Although at the time of enrolment, he was found to be medically fit with effect from 20.2.1988, he was placed in medical category 'BEE permanent' on account of Hyper Tension. He was operated for Mid-intestinal and Thoracotomy, whereafter his medical category was upgraded as "AYE". On 10.1.1989 he was again admitted to Command Hospital, Southern Command Pune, from where he was transferred to Military Hospital (CTC) on 17.1.1989. His disease was diagnosed as Pulmonary Tuberculosis, Essential Hyper Tension, acute intestinal obstruction (OPTV) (56). The petitioner claims that he had contacted these diseases while in service due to the service conditions and so when he was invalided out of service by the Release Medical Board held on 31.8.1989 after being placed him in medical category "EEE", the disability was assessed at 100%. He further complains that in the discharge book, he was shown as Naib Subedar instead of Subedar and on inquiry he came to know that this had been done because of his admission in the hospital. At the time of discharge, he was granted disability element of Rs. 550/- per month at the rate of 34% with effect from 1.9.1989 to 30.8.1990. He was then asked to appear before the Re-survey Medical Board for reassessment of his disability pension and through letter dated 13.10.1990, he was informed that the invaliding disability of Essential Hypertension alone had been accepted at 20% instead of last percentage said to have been accepted at 100% and the disease was admitted to be aggravated by the Military service. The disability element was reduced from Rs. 550/- to 275/- per month. In the year 1992, the petitioner was again asked to undergo fresh Re-survey Medical Board and his disability pension was reassessed vide letter dated 29.9.1992. It was surprising that vide this letter, the invaliding disability of the petitioner was stated to be Pulmonary Tuberculosis with 50% disability. The disability element was worked out at Rs. 110/- per month with effect from 20.8.1993 to 27.8.1995. That disability was again reassessed and communicated through letter dated 22.9.1995 at 20% and finally on 9.1.1996 the same was assessed by the Re-survey Medical Board as less than 20% i.e. 11 to 14% only. It appears that the disability element was withdrawn which provides the basis of first grievance of the petitioner.

(3.) The second grouse of the petitioner is that while discharging him from service, the rank of the petitioner has been shown as Naib Subedar in place of Subedar, to which rank he was promoted with effect from 1.4.1988. The petitioner's efforts to seek redressaal of these two grievances by serving a notice for demand of justice on 26.6.2000 having not been acceded to, the petitioner has filed this petition.