SARDARA SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was enrolled in the Indian Army as Sepoy in the trade of Carpenter and Joiner on 29.10.1969 on being found medically fit. Petitioner served in various parts of the country. He suffered heart disease known as Ischaemic Heart Disease (I.H.D.) while in active service. He was admitted to Military Hospital Patiala, where his medical category was down graded to BEE (T). He was referred to Army Hospital, Delhi for bye pass surgery. His category was further downgraded to BEE (P). He was brought before the Invaliding Medical Board at Military Hospital, Dimapur. His medical disability was assessed at 30% and the disease was held to be aggravated by stress and strain of the military service. While in service, he was promoted up to the rank of Subedar and was granted honorary rank of Lieutenant w.e.f. 13.8.1997. Petitioner retired from Army on 31.8.1997 after rendering 28 years of service. The petitioner was served with a letter dated 28.8.1997 informing him that he has been granted honorary rank of Lieutenant on the occasion of the Independence Day (Annexure P-1). The aforesaid letter was followed by another letter dated 19.1.1998 informing him that he has been granted honorary rank of Captain after retirement from service on the occasion of Republic Day (Annexure P-2).

(2.) After his retirement the service pension of the petitioner was released, however, the disability element of the pension was rejected by the P.C.T.A. (P) saying that the disability is neither attributable nor aggravated by the army service. The petitioner served a legal notice for grant of disability element. On consideration of the plea of the petitioner the disease was held to be aggravated by the military service vide letter dated 13.1.2005 from the Additional Director General Personnel Service to the Principal Controller of Defence Accounts (P), Allahabad. Consequently, the petitioner was informed vide letter dated 16.04.2005 that he has been granted disability element @ Rs. 570/- per month for life vide PPO D/E200/2005 dated 30.3.2005. The petitioner has been granted the disability element @ 30% disability. The petitioner has filed this petition claiming two reliefs.

(3.) The petitioner has relied upon the Regulation 183(2) regarding the disability element. Under this regulation an honorary Commissioned Officer is entitled to pension @ Rs. 2600/- per month w.e.f. 1.1.1986. Letter dated 31.1.2001 issued by the Govt. of India further provides the computation of disability element in the following manner :-