MANI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITION is admitted to hearing and taken up for final disposal with the consent of the learned counsel for the parties. Petitioner, who was enrolled in Indian Army on 22.2.1947 came to be discharged on 24.8.1954 on medical grounds as a case of Leprosy mixed - 30) 100% disability. Vide PPO No. JKA/ 126/S dated 6.9.1955. Disability pension was granted in his favour. However, the same was stopped after some time as is averred in the writ petition. It is the case of the petitioner that after the Kargil War and on the decision of the Ministry of Defence vide Circular PCDA (P) Allahabad Circular No. Tech -395 dated 30.9.1999 his case was recommended by the Army Authorities on 28.6.2002 wherein it is stated that the pension of the petitioner was stopped for the reasons not known to him. The grant extension to the petitioner vide PPO Dated 6.9.1955 was also admitted in this communication.

(2.) IT appears that the matter was considered by the authorities and another communication dated 24.7.2002 was issued by J&K; Rifles, Jabalpur (MP) wherein it is stated that the dis -ability pension claimed in favour of the petitioner was forwarded to PCDA (P) Allahabad vide J&K; SF Record Office Letter No. C -2/637/84 dated 13.9.1958, but the same was rejected by them vide their letter No. Stats/111/1789/JAK of 18/24 Oct 1958. It is further stated in this letter that the factual position of the case has been communicated to the individual several times and lastly vide letter No. SR/15125/183/DP dated 9.3.1999.

(3.) OBJECTIONS have been filed to the writ petition, wherein it is stated that the petitioner was enrolled in the erstwhile J&K; State Force on 22nd Feb 1947. He was transferred to 9 Kashmir Infantry with effect from 13th April, 1947. His invaliding medical board was carried out at Military Hospital at Delhi Cantt for invaliding disability 'Leprosy Mixed (30)'. Petitioner was considered unfit for further military service. The Medical Board was approved by DDMS Delhi Area on 3rd May, 1954. Accordingly the petitioner was invalided out from service w.e.f. 24th Aug, 1954. The fact of the grant of disability pension at the rate of Rs. 11/ - PM w.e.f. 24th Aug 1954 to 10th Feb 1955 vide CDA (P) Allahabad Pension Payment Order No. JKA/ 126/D dated 6th Sept 1955 under the J&K; State Force Pension Regulation has been admitted. According to the respondents, the matter was taken up for clarification with CDA(P) Allahabad. As per rules in vogue at the relevant time the dis -ability pension was granted to the individual and J&K; State Force Pension Regulation is permanent for life and no re -assessment of disability was required. The case of the petitioner was then referred to the Accountant General, J&K; Srinagar vide letter dated 13th Dec. 1955 for clarification of procedure. According to the respondents the case was then forwarded to the Government of India, Ministry of Defence for further decision. The Ministry of Defence, Govt of India vide letter dated 15.12.1956 decided the matter on the basis of opinion of Medical Board under the pre -war entitlements criterion. The matter was again referred to the duly constituted Medical Board, which opined - '