UNION OF INDIA Vs. RAMESH CHAND RANA

JUDGEMENT

(1.) THE writ -respondents have filed this appeal against judgment dated 22.6.2007 passed by learned Single Judge in CWP No. 399 of 2003 whereby he allowed the petition and directed the grant of disability pension to the writ -petitioner w.e.f. 1985 along with interest @ 9%.

(2.) THE brief facts as necessary for deciding this appeal are that the writ petitioner was enrolled in the Indian Army on 13.11.1973 and was allotted Army No. 13735632. He received injuries while serving in 14 J&K Rifles in 1985 while discharging his official duties. His disability was assessed at 30%. He was denied the disability pension and AGI benefits vide communication dated 16th August, 1999 on the ground that he sought his discharge from service on compassionate grounds. He made a representation on 12th November, 2001 to the Defence Minister of India, which was turned down on 23rd May, 2002 by referring to Army Rule 13 (3) Item 3 (iv).

(3.) THE learned Single Judge after taking into consideration the aforesaid letter dated 3.4.1989 concluded that though the writ petitioner had made a request for discharge, the same could not be considered as voluntary retirement as the same was based on medical grounds. Therefore, the case of the petitioner would fall under Rule 13 (3) II (ii) and on that basis he would be entitled to get disability pension. Reliance was also placed upon the judgment of the Division Bench of the Delhi High Court in Ex. Subedar Baljor Singh vs. Union of India and others, 1997 LabIC 1818for reaching the aforesaid conclusion.