PIAR CHAND VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel.

(2.) Admitted facts of this case are, that the petitioner joined Indian Army on 30th August, 1977. He served in the Army. Finally on 9th January, 1994 he was invalidated on medical grounds. As according to the respondents, petitioner was then suffering from "Affective Psychosis Major Depression 296". Disability was found at 40%.which admittedly continues even till date.

(3.) It was also not disputed on behalf of the parties that in addition to the ordinary pension, if a person is invalidated on medical grounds, then under Rule 173 of the Army Pension Regulations, 1961 Part -I, such a person is entitled to the grant of pension. For ready reference Para -173 of Pension Regulation for the Army 1961 Part -I is extracted below : - "Para 173 from Pension Regulation for the Army 1961 Part -I Primary condition for the grant of disability pension unless otherwise specifically provided, a disability pension may be granted to an individual who is invalid from service on account of disability which is attributable to or aggravated by military service and is assessed at 20% or over. The question whether a disability is "attributable to or aggravated by military service shall be determined under the rules in Appendix II."