ARVINDER KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was invalidated out from the Army Service with effect from December 01, 1997 due to disability 'ID Pulmonary Tuberculosis (reactivation) 011 & V 67' on the recommendation of a constituted Medical Board, after he had rendered more than twenty seven and a half years service. His disability was accepted by the Pension Sanctioning Authority at 30 % for two years and accordingly he was granted disability element of pension at this rate with effect from December 02, 1997 to November 26, 1999. Thereafter, as per decision contained in letter dated March 15, 2000 (Annexure P-1) the petitioner was granted disability element at the rate of 100 % with effect from December 02,1997 to December 01, 1998 and at the rate of 50% for two years with effect from December 02,1998 to December 01, 2000. However, the disability pension of the petitioner was discontinued by the competent authority from December 02, 2000, on the ground that his disability was assessed by the RSMB at less than 20 %. Against the discontinuation of the disability petition, the petitioner preferred an appeal, which was accepted and he was asked to appear before the RSMB. The RSMB was held again on June 02, 2005 and it recommended disability element of pension to the petitioner at the rate of 30% with effect from June 02, 2005. Subsequently, he was granted disability element at the rate of 30 % for life with effect from June 02, 2005, which was later on amended/computed at the rate of 50%. The petitioner was granted rank of Honorary Sub Major with effect from December 02,1997, on the occasion of Republic Day of 2005.

(2.) In this petition filed under Articles 226/227 of the Constitution of India, the claim of the petitioner is that he has been wrongly denied the disability element of pension from December 02, 2000 to June 01, 2005. He has also claimed disability pension from December 02, 2000 to June 01, 2005 according to the rounding off policy which was made effective from January 01, 1996.

(3.) In the written statement, filed by the respondents, it has been pleaded that the petitioner is not entitled to disability pension from December 02, 2000 to June 01, 2005 as he did not appear before RSMB at Base Hospital, Delhi Cantt, in spite of having been advised to do so vide E.M.E Records letter No.JC-182303/RA-1/Pen dated February 06, 2001 and letter of even number dated March 07, 2001 because his earlier RSMB dated September 28, 2000 was superseded. Ultimately, the petitioner had reported before RSMB on September 14, 2002 at Base Hospital, Delhi Cantt, which reassessed his disability at less than 20 % ( i.e 14 % to 19%) for life due to its improvement. Hence, the disability element claim of the petitioner was rejected by P.C.D.A(P), Allahabad, vide letter No.G-3/RA/12/27254/III dated February 26, 2003 as he was not meting primary conditions for grant of disability element as laid down in Regulation 173 of the Army Pension Regulations, 1961. The petitioner requested for conducting a fresh RSMB vide his appeal dated December 15, 2003. The appeal was accepted and the petitioner was brought before a fresh RSMB, which reassessed his disability at 30 % for life with effect from June 02, 2005. Hence, the petitioner is not eligible for disability pension from December 02,2000 to January 01,2005.