DURGA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts which can be culled out from the pleadings of the parties are that the petitioner was enrolled in the Pioneer Corps on 7th October, 1959. He was medically invalided out from service on 13th July, 1962 under items III (iii) Rule 13 of the Army Rules, 1954 with diagnosis "pulmonary tuberculosis". His disability was assessed at 100% from 13th July, 1962. The PPO was issued by the PCDA (P) Allahabad in his favour vide communication dated 6th February, 1963. The Re-survey Medical Boards were convened from time to time and percentage of disability was assessed with effect from 24th May, 1963 to 17th April, 1988. The Re- survey Medical Board of the petitioner was held on 1st January, 1988 due on 18th April, 1988. His disability was reassessed less than 20% (11 to 14%) with effect from 18th April, 1988 for life by Command Hospital, Western Command, Chandigarh. His disability pension was discontinued with effect from 18th April, 1988 being less than 20% (11 to 14%). His appeal was rejected on 5th June, 1990. He was informed on 18th October 2005 vide Annexure P-3 that no PPO has been issued by the PCDA (P) Allahabad for continuation of his disability pension beyond 17th April, 1988 and his case has been sent for clarification to the Record Office and office of PCDA (P) Allahabad. He was also called upon to deposit a sum of Rs.

(2.) ,80,272/-. 2. Mr. Rahul Mahaj, 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.

(3.) I have heard the learned counsel for the parties and perused the record.