SHYAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in Indian Army (Rajput Regiment) on 29.12.1990 and was invalidated from the service on 8.5.1992. His disability was assessed at 20% by the duly constituted Medical Board appointed by the competent authority no the basis of which he was allowed ability pension at the rate of Rs. 310/ - per month. The petitioner was informed by respondent No. 3 on 26.2.1999 that since his disability has been assessed at 11% to 14% by the Re -survey Medical Board as such his disability pension was cancelled from 4.1.1999 for five years.

(2.) THE petitioner filed an appeal against the decision of the authorities before the competent authority, which was not decided. He appeared before the Re -survey Medical Board Military Hospital at Ambala on 1.8.2003 and consequently his disability pension of Rs.310/ - was discontinued. He filed a representation on 19.11.2004 before the competent authority for the release of disability pension with effect from 4.1.1999. He was informed by the respondent No. 3 on 24.12.2004 that since his disability has been assessed at less than 20% (11% - 14%) from 4.1.1999 to 11.10.2003 he was not entitled to disability pension for that period.

(3.) I have heard the learned counsel for the parties and have also gone through the record of the case carefully.