CHAMAN LAL VAID Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the Indian Army in the year - 1941. The Honorary rank of Lieutenant was conferred on him on August 15,1968. The petitioner retired from service on January 12,1969.

(2.) While in service, the petitioner had suffered a physical disability. The petitioner avers that "the service pension has been granted for the rank of Honorary Lieutenant............ " which he held at the time of retirement. The disability element of pension was determined with reference to the rank of Junior Commissioned Officer. He claims that the disability element of pension had also to be computed at the rate prescribed for an Honorary Lieutenant. The petitioner refers to the notification dated March 18,1987 published in the Gazette of India to show that the officers and Honorary Commissioned Officers, the rate of disability element has been fixed at Rs. 750/-per mensum for 100 per cent disability. This rate has to be proportionately reduced for lesser disability. On this premises, the petitioner has prayed for the grant of disability element of his pension in the rank of Honorary Lieutenant with effect from January 12,1969.

(3.) As the petitioner was appearing in person, he was called upon to state his claim in writing. He did so with CM. No. 152 of 199Z A reply was filed on behalf of the respondent. In this reply, it has been inter alia averred "that on grant of Hoa Commission, the status of a JCO as such is not affected by the grant to him of the honorary rank of Lieut or Captain nor does the Commission granting him that rank confer on him any additional power of command.........." Reliance for this purpose has been placed on Para 178 of the Army Regulations. It has been further averred that "as per Regulation 179 of the Pension Regulations.......... the disability element shall be assessed on the accepted degree of disablement at the time of retirement, on the basis of the rank held on the date on which the wound/injury was sustained, or in the case of a disease, on the date of first removal from duty on account of that disease. In the case of the petitioner, was first removed from duty on 9 Oct. 52 due to 'Uretric Calculus effects of poor functioning of Lt. Kidney and admitted to 148 General Hospital and subsequently placed in low medical category 'BEE' (permanent) on 25 Jan. 56. He retired from service w.e.f. 12 Jar 69 with the same disability. He was holding the rank of Jamadar (JCO) at the time conset of the disease. Therefore, at the time of retirement, he was sanctioned disability element as applicable to a Jamadar (JCO) under the provisions of ibid pension rule." On this premises, the claim made by the petitioner has been contested