PREM LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Army (J&K Rifles) on 3rd January, 1986. He was invalided out from service on 20th July, 1967 under Rule 13 item iii (III) of Army Rule, 1954 due to pulmonary tuberculosis. His invaliding Medical Board was held at 8 Air Force Hospital Secundrabad on 13th June, 1967 and the same was approved by the Assistant Director Medical Services Andhra (Indep) Sub area Secunderabad on 30th June, 1967. The duly constituted Medical Board had assessed the disability of the petitioner at 100% for one year and also opined that the disability of the petitioner was attributable to military service. Consequently he was granted disability pension @ Rs.47/- per month including service element with effect from 21st July, 1967 to 12 June 1968 vide letter dated 21st June, 1968. Subsequently on review of medical board, he was granted disability pension including service element upto 3rd July, 1996 continuously. The petitioner was brought before the Re-survey Medical Board on 7th May, 1996 at Command Hospital (Western Command) Chandimandir. The duly constituted Medical Board had reassessed his disability upto 20% permanent. The claim of the petitioner for disability pension was forwarded to PCDA (P) Allahabad alongwith Re-survey Medical Board proceedings for adjudication on 13th July, 1996 and while adjudicating the claim, Medical Advisor (Pension) has assessed his disability less than 20% (i.e. 11% to 14%) permanent (for ten years). The PCDA (P) Allahabad vide letter dated 4th November, 1996 rejected the disability pension. The petitioner has denied the receipt of letter 29th November, 1996.

(2.) PURSUANT to letter dated 7th February, 2001 the low medical category personnel who were granted temporary disability pension, were directed to appear before Re-survey Medical Board for one time final award for their disability pension for life. He was brought before the Re-survey Medical Board on 22nd August, 2003 at Command Hospital (Western Command), Chandimandir). His disability was assessed less than 20% for life. He was also advised that in case he was not satisfied with the decision, he could prefer an appeal against the decision of the Medical Board. He preferred an appeal on 28th December, 2003 against the decision of the Re-survey Medical Board and his appeal was forwarded to Army Headquarters on 27th January, 2004. The appeal preferred by him was duly considered by Army Headquarters for fresh Re-survey Medical Board. The fresh Re-survey Medical Board of the petitioner was held on 3rd March, 2005 at Army Hospital, Delhi Cantonment. The Medical Board reassessed his disability at 20% for life with effect from 3rd March, 2005. His disability pension claim alongwith medical document was forwarded to PCDA (Pension) Allahabad vide letter dated 21st March, 2005 and the petitioner was granted pension @ Rs. 310/- per month with effect from 22nd August, 2003 for life.

(3.) MR . Rahul Mahajan, Advocate appearing on behalf of the petitioner has submitted that the petitioner cannot be called upon to deposit a sum of Rs. 1,75,904/- on the basis of communication dated 28.10.2004 and 2.9.2005. Mr. Mahajan has further argued that the petitioner at no given time has misled the authorities and he has been paid the disability pension with effect from 4.7.1996 to 31.7.2004 by the authorities concerned of their own.