LAWS(P&H)-2003-9-148

RAM RICHHPAL Vs. UNION OF INDIA & ANOTHER

Decided On September 09, 2003
RAM RICHHPAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner in this petition under Articles 226/227 of the Constitution of India seeks directions to grant him 100% medical disability certificate and pension, honorary rank and full benefit of Army Group Insurance i.e. Rs. 1,87,500/- along with interest at the rate of 18% per annum from the date of retirement.

(2.) The petitioner joined the army in the Corps of E.M.E. on 14.5.1970 in the absolute category. He was discharged on medical grounds being a case of Pulmonary Tuberculosis in December, 1997 about 5 months and 12 days before his normal tenure. At the time of discharge, the petitioner was given certificate of 30% medical disability in medical category EEE. His name was referred and recommended for grant of honorary rank by his unit to the record officer on 5.11.1996 (Anexure P-1). Vide letter dated 16.10.1993 (Annexure P.2) he was asked to appear before Review Medical Board. He was examined at Base Hospital Delhi Cantt. The Review Medical Board decided that his disability be treated as 100% for one year from 2.12.1997 and thereafter 50% for the next two years. However, he was not given enhanced disability benefit under the Army Group insurance Scheme. The petitioner made an application dated 28.6.2000 addressed to EME records with copy to the Army Group Insurance Fund. The letter vide its letter dated 10.7.2000 (Annexure P-6) informed the petitioner that disability benefit was paid as per final medical board approved by medical authority at the time of his discharge on invalidment/release. It was further initimated that disability benefit paid by Army Group insurance Fund is different from disability pension paid by Union of India through Controller of Defence Accounts (Pension) Allahabad. The petitioner was admitted at Base Hospital, Delhi Cantt on 21.9.2000 and was discharged on 27.9.200. His disability was found to be the same as it was in November, 1997. The petitioner agains served a legal noticed dated 12.12.2000 (Annexure P-8) for the grant of 100% disability certificate and pension and full benefit of Army Group Insurance i.e. Rs. 1,87, 500/-. In reply, he was informed vide letter dated 22.1.2001 (Annexure P-9) that disability benefit has been paid as per medical board approved by the medical authorities at the time of discharge on invalidment/release. His approved disability percentage was 20% for which an authorised amount of Rs. 37, 635/- along with interest was paid and was released on 15.7.1998 and no amount of disability benefit was due to be paid by Army Group Insurance Fund which was entirely different from disability pension.

(3.) Feeling dissatisfied with the rejection of his claim for grant of 100% disability certificate and pension and full benefit of Army Group Insurance, the petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India.