RAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army by the BRO, Patiala on 24.01.1989 in the medical category (AYE). While he was undergoing training, he suffered an injury in the firing practice for which he was operated upon and the injury was diagnosed with ABSCES RIGHT INDEX FINGER (OPTD) and he was medically downgraded to the lower category. He was invalided out of military service on 02.11.1989 in Low Medical Category EEE Permanent due to the aforesaid disability but by that time, he had rendered 283 days service while on training in the Battalion Sikh Light Infantry, Fatehgarh. The petitioner was granted pension for both elements i.e. for service and the disability for a period of two years from 03.11.1989 to 24.09.1991. It was further extended for a period of 5 years finding the disability to be 30%. He was again brought before the Resurvey Medical Board on the expiry of the disability award on 10.12.1996 and the Medical Board held in the year 1996 in the MH, Jalandhar Cantt. and the Surgical Classified Specialist held the disability to be static but the Resurvey Medical board ignored the report of the Classified Specialist and reduced the disability from 30% to 11-14%.

(2.) In view thereof, element of disability pension was stopped to the petitioner from 11.12.1996, whereas the element of service pension is continuing for life. The petitioner, thus, filed the Original Application before the Tribunal but it was dismissed on 13.04.2010, without giving any cogent reasons.

(3.) From the aforesaid, following admitted facts are emerges: