EX-HAV SHAMSHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for issuance of a direction to the respondents to grant the petitioner disability pension with all consequential benefits along with 18 percent interest from the date he has been boarded out of service on the ground that he was placed in low medical category RE.E., permanent. A further prayer for quashing order dated 5.11.2004 (Annexure P. 13) has also been made whereby the second appeal tiled by the petitioner against the order rejecting his prayer for disability pension, has been dismissed.

(2.) Brief facts of the case are that the petitioner joined the Military service and was enrolled in E.M.E. on 4.8.1984. On 24.2.2000 he was placed in medical category BEE permanent. He is alleged to have acquired disability on account of his posting at far off places with rigorous and hazardous terrains. Eventually the petitioner was released from the Army on medical ground on 31.7.2000 but no disability pension was paid to him. The claim of the petitioner for disability pension was rejected on 21.1.2001 (Annexure P.2) by holding that the disease was neither attributable nor aggravated by the military service. The appeal tiled by the petitioner was forwarded by the respondents for consideration to the higher authorities as is evident from the perusal of order dated 22.3.2001 ( Annexure PA). The appeal was rejected on 16.10.2003 (Annexure P.8). The second appeal filed by the petitioner was forwarded to the competent authority on 28.1.2004 (Annexure P. 10). The petitioner has approached this Court by filing C.W.P. No. 11983 of 2004 which was disposed of by issuing direction to the respondents to decide his second appeal (Annexure P12). Accordingly, his second appeal has been rejected on 5.11.2004 (Annexure P13).

(3.) After hearing the learned Counsel for the parties at some length, perusing the record and the relevant rules and regulations, we have reached the conclusion that this petition is devoid of merit and is thus liable to be dismissed. Regulation 173 of the Pension Regulations for the Army, 1961 (for brevity the 'Regulations') and sub Rule 2A of Rule 13(3) of the Army Rules, 1954 clearly envisages that disability pension is admissible to a person in case the disability is attributable to or aggravated by military service in non battle casualty and is assessed 20 percent or more. Regulation 173 is extracted below for facility of reference: