EX. Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) At the outset learned counsel for the appellant submit that he would restrict his claim for payment of service element of disability pension only.

(2.) The substantial question of law that therefore arises for consideration in this regular second appeal is as to whether the plaintiff is entitled to payment of service element of disability pension.

(3.) The appellant had filed a suit claiming disability pension stating that he had been discharged from the Army on March 14, 1962 after he contacted the disease of Tuberculosis. He was granted disability pension which was, however, stopped after April 12, 1980 on the ground that a Resurvey Medical Board found that he was cured of the disease and the disability was re- assessed at less than 20%. The suit was instituted on May 2, 1992 claiming disability pension.