UNION OF INDIA Vs. PREM CHAND

JUDGEMENT

(1.) These two appeals are being disposed of by one judgment since the main issue involved in both the cases is the same.

(2.) As far as LPA No. 181 of 2007 is concerned, the same arises out of the judgment delivered by a learned Single Judge of this Court in CWP No. 690 of 2005, titled Prem Chand vs. Union of India & others. In this case the writ petitioner had joined as a Sepoy in the Indian Army on 26.2.1964. On 3.8.1966 he was declared unfit on medical grounds and on 3.10.1966 he was discharged on account of his illness. On 12.6.1967 the petitioner was granted disability pension which was changed from time to time. On 11.1.1988, the claim of the petitioner for grant of disability pension was rejected on the ground that when he was brought before the Re-Survey Medical Board, it was found that his disability was less than 20%. Since the opinion of the Re-survey Medical Board was that his disability is less than 20% and in fact between 6% to 10%, the petitioner was not entitled to pension. His representation against such rejection was also rejected. According to the petitioner he never received such rejection. However, w.e.f. 13.12.2004 the disability pension of the petitioner was suspended. The petitioner thereafter challenged the suspension of his disability pension before this Court.

(3.) The facts of this case are that the writ petitioner was enrolled in the Army on 28th October, 1950 and was invalided out of service on low medial category w.e.f. 23rd September, 1955. His initial disability was assessed at 100% and held attributable to the military service. The petitioner was granted disability pension till February 1963 when he was again brought to Re-survey Medical Board along with medical documents and the disability of the petitioner was assessed at less than 20% and was in fact 11% to 14%. Since the disability had fallen to less than 20% the disability pension was discontinued.