SHANKAR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of the present petition are that the petitioner was enrolled in the Army (The Dogra Regiment) on 28th October, 1950. He was invalided out from service in low medical category 'EEE with effect from 23rd September, 1955 by the medical board held at Military Hospital Aundh on 18th July, 1955. The proceedings of the medical board were approved by ADMS Bombay Area on 25th July, 1955. He was discharged from service on completion of 4 years 331 days as a case of pulmonary tuberculosis under item (iii) of the table annexed to Rule 13 (3) of Army Rule, 1954. His disability was assessed at 100% and was regarded as attributable to military service by Invaliding Medical

(2.) HE was granted disability pension for the period from 24th Board. September, 1955 to 12th February, 1963. He was again brought before the Re-survey Medical Board at Military Hospital Ambala Cantt vide Records The Dogra Regiment letter dated 10th December, 1962 and his disability was assessed at less than 20% (11-14%) by the Medical Board held on 23rd January, 1963. He preferred a petition for continuation of his disability pension on 5th December, 1972, 22Januay, 1988, 12th February, 1989, 29th August, 1998, 27th January, 1999 and 1st March, 2000. The last communication sent by the petitioner was on 10th September, 2002. Mr. R.K. Bawa, Sr. Advocate had strenuously argued that his case is squarely covered by the judgment of the Punjab and Haryana High Court in Gurnam Singh Versus Union of India reported in 1995 (4) SCT 278. Mr. Sandeep Sharma, Assistant Solicitor General of India had supported the decision of the authority whereby the disability pension of the petitioner was discontinued. I have heard the learned counsel for the parties and perused the record. It is admitted case of the parties that the petitioner was invalided out of army service with effect from 23rd September, 1955 and his disability was assessed at 100%. Thereafter the petitioner was again brought before the Re-survey Medical Board along with medical documents at Military Hospital Ambala Cantonment vide letter dated 10th December, 1962 and the disability of the petitioner was assessed at less than 20% (11 to 14%). Mr. Sandeep Sharma submitted that the Re-survey Medical Board proceedings of the petitioner along with the disability pension claim were forwarded to the Controller of Defence Accounts (Pension) G-3 Section, Allahbad vide Reocrds The Dogra Regiment letter No. RCP2/1194/3941403/REASS dated 19th February, 1963 but the same was rejected by the CDA (P), Allahabad vide letter dated 18th March, 1963.. Mr. R.K. Bawa, Sr., Advocate had placed on record copy of letter dated 23rd December, 1992 dealing with the disability pension. The relevant portion of letter dated 23rd December, 1992 is reproduced as under:

(3.) IN view of the judgment of the Hon'ble Punjab and Haryana High Court, petitioner is entitled to disability pension even if his disability was assessed at less than 20% as per the Re-survey Medical Board convened on 23.1.1963.