UNION OF INDIA Vs. SITA DEVI

JUDGEMENT

(1.) -The present appeal has been preferred by the appellant -Union of India against the judgment, dated 5.7.2007, passed in CWP No. 868 of 2005 by learned Single Judge whereby disability pension from 20th November, 1977 to 2nd April, 1997 in respect of her husband, late Shri Ranbir Singh was allowed alongwith further grant of family pension to her.

(2.) IT appears that the husband of the respondent, namely late Shri Ranbir Singh, was enrolled in Indian Army on 23rd September, 1955 and was invalidated out of service by the Medical Board held by the Military Hospital, Delhi on 8th October, 1959 and was discharged from service on 25th January, 1960, under the Army Rules, 1954 Rule 13 item III (iii) rendering only 4 years and 124 days.

(3.) IT appears that a letter, dated 23rd December, 1992 was issued, whereby it was indicated that disability pension was to be paid to an individual for life even if the accepted degree of disablement fall short of 20%, with a rider that individuals invalided out of service before 1.3.1968 having 10 years of service or more to their credit and individuals invalided out of service on or after 1.3.1968, but before 31.12.1972 with more than five years or more service and the individuals invalided out of service on or after 1.1.1973 with any period of length of service. The relevant portions of the letter, dated 23.12.1992 are extracted hereinbelow: - There appears to exists some misapprehension that service element will be continued for life even the accepted degree of disablement fall short of 20%. The factual rule position is given below: - The disability pension constitutes two elements (i) service element and (ii) disability element. The disability element, is payable for a limited period as notified in the pension payment order(s) notified from time to time unless it is notified for life. However, the service element of disability pension is payable for life only in respect of such individuals who were retired/discharged from service or invalided out of service as under: