HARBHAJAN SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This civil writ petition filed under Article 226/227 of the Constitution of India prays for a writ in the nature of certiorari for quashing Order dated 10.12.1997 (Annexure P-4), order dated 11.11.1999 (Annexure P-7) and Order dated 5.12.2001 (Annexure P-8). Vide the impugned orders, disability element of pension has been denied to the petitioner. The disability has been reduced to less than 20% i.e. 11-14 % by respondent No. 2, Principal Controller of Defence Accounts (Pension), Allahabad [PCDA(P)].

(2.) In brief, the case of the petitioner as admitted by the learned counsel for the respondents is that the petitioner was enrolled in Army on 8.12.1979. The petitioner was discharged from service on 31.12.1996 under Army Rule 13(3)(III)(i) on completion of term of engagement through the Release Medical Board. It has further been admitted by the respondents that the petitioner was placed in Low Medical Category CEE(T) on 21.8.1995 having suffered disability i.e. Chip Fracture Ante Rosuperior Margine of LV-4. The petitioner was placed in Low Medical Category CEE(P) w.e.f. 1.2.1996.

(3.) It has been brought out that Pre-Release Medical Board of the petitioner was finalised on 13.8.1996 and his disability was assessed at 30% for two years.