HANS RAJ (EX-SUBEDAR) Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Indian Army on 29th October, 1975. He was down graded to low medical category BEE (P) with effect from 22nd May, 1990. He was promoted to the rank of Subedar with effect from 1.9.1999. He was discharged from service on 15.3.2000 on the basis of Release Medical Board held on 3.11.2000. The disability Peripheral Vescular Disease 443 (C) V -67 -, of the petitioner was assessed by the Medical Board at 11 to 14% for 5 years. The case of the petitioner was pursued by the competent authority with PCDA (P), Allahabad. The same was rejected. The petitioner was advised to file an appeal to the Government of India, Ministry of Defence against the decision of the PCDA (P)_, Allahabad. He preferred an appeal on 11.2.2002. The same was forwarded to PCDA (P), Allahabad on 26.2.2002 and thereafter further referred to by the PCDA(P), Allahabad to the Government of India on 26.6.2002. Consequently, the Army Headquarters on 15.10.2003 issued instructions to PCDA(P), Allahabad that the disability Peripheral Vescular Disease 443 (C) V -67 -,of the petitioner should be regarded as aggravated by service and degree of disablement be viewed at 20% for 3 years with effect from 1.4.2001. Accordingly the petitioner was sanctioned disability element @ Rs. 380/ - per month. The Re -survey Medical Board of the petitioner was convened at Military Hospital, Yol on 27.2.2004 and his disability was assessed at 20% for life. The disability element of the petitioner was revised from Rs. 380/ - per month to Rs. 950/ - per month with effect from 1.4.2001 vide letter dated 23.2.2005. Though the petitioner has been paid the disability pension, but he was not granted the disability benefits accruing to him under the Army Group Insurance Scheme (Annexure R -3).

(2.) MR . Vinod Gupta, Advocate appearing on behalf of the petitioner had strenuously argued that since the petitioners disability has been assessed with effect from 1.4.2001, his client is entitled to the benefit under the Army Group Insurance Scheme as per Annexure R -3.

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