MAGHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army on 22.9.1956. While in service, the petitioner suffered from Tuberculosis. Since the ailment of the petitioner could not be cured in the Military Hospital and T.B. Centres, he was brought before the Invalidating Medical Board which declared the petitioner unfit for any military duty and downgraded him to the lower medical category 'EEE' with 100% disability. On 27.3.1962, the petitioner was invalidated out of the military service after rendering 5 years 6 months and 6 days service. The disability/disease of the petitioner was held to be attributable to military service and he was granted disability pension consisting of service element and disability element for 100% disability firstly from 28.3.1962 to 15.7.1964, which was extended from time to time after the Re-survey Medical Boards held at Military Hospital Ambala Cantt. as follows:

(2.) It is appropriate to mention that vide order dated 4.1.1973 (P-1) the benefit of temporary disability pension which was granted to the petitioner for the period from 4.5.1970 to 15.6.1972 was further extended from 16.6.1972 to 5.7.1972 at the rate of Rs. 25/- p.m. plus ad hoc increase @ Rs. 15/- p.m. and the same was discontinued as per final order w.e.f. 6.7.1972 as disability of the petitioner was assessed at less than the pensionable degree. In the said order it has further been stipulated that in case the petitioner feels dissatisfied with the said decision, he can appeal within 12 months from November 1972. In this manner, the respondents completely stopped the pension of the petitioner due to disability being less than 20%.

(3.) Thereafter the petitioner made representations to the respondent authorities for illegal stoppage of the disability pension. Once such representation dated 26.10.1995 has been placed on record as Annexure P-2. The representation of the petitioner was rejected by the respondent authorities vide order dated 14.11.1995 (P-3) on the ground that the petitioner did not prefer any appeal against the decision of the CCDA(P). The petitioner again made a representation dated 7.10.1998 (P-4) to the respondent authorities for brining him before the Re-survey Medical Board in accordance with Army Order 152 of 1973, which permitted the Re-survey Medical Board in case of substantial increase in the disability. The aforesaid representation was followed by reminders dated 9.12.1998 and 10.2.1999 (P-5 and P-6 respectively). The Record Office of the respondents, vide its letter dated 26.2.1999 gave sanction for holding the Re-survey medical Board (P-7). The Re-survey Medical Board sent its recommendations dated 16.4.1999 and accepted the percentage of last Re-survey medical Board which was held on 6.7.1972. However, the Record Office while sending the papers to the CCDA(P) Allahabad, in para 4(b) of letter dated 24.5.1999, recorded the last percentage accepted as 'less than 20%'. It has been asserted by the petitioner that the last Board, which was held on 6.7.1972, assessed his disability as 20% and not less than 20%. It has further been claimed that on 6.7.1972 the Medical Board held the disability percentage at 20% with the observation that the disability remained static. However, the percentage of disability was reduced by the CCDA(P) erroneously consequently disability element and service element was also stopped without any justification.