EX Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the rejection of his case for grant of disability pension by the respondents on the ground that his disability has been held less than 20%, disentitling the petitioner disability pension by the Sanctioning Authority i.e. PCDA(P) Allahabad based on the opinion of the Medical Advisor obtained in this behalf.

(2.) According to the petitioner, he joined the Indian Army in the year 1957 as Sepoy in AMC Corps. After serving more than 9 years, he was sent to the Reserve in the year 1966. On the completion of 15 years of Combined Colour and Reserve Service, service pension was granted to the petitioner. The petitioner was re-enrolled in Defence Security Corps, on 25.07.1977 and on the completion of its term of engagement, stood transferred to Pension Establishment w.e.f. 01.08.1992. The petitioner further stated to have been boarded out from the army in the year 1992 on medical grounds having contracted a disease called as 'Essential Hyper Tension and Pro-lapse Disc' conducted by the Medical Board. It is stated that his disability was assessed at 20% to 40% on account of the said disease. The petitioner was granted disability pension vide order dated 18.01.1993 by the CCDA (P) Allahabad w.e.f. 01.08.1992 to 26.12.1996. The examination of the petitioner was again conducted by the fresh Medical Board in the year 1996 and disability more than 20% was assessed. There was again reassessment of the disability pension claim of the petitioner by the Chief Controller of Defence Accounts (Pensions) Allahabad, and gave it less than 20% for 5 years and thereby disentitled him to get disability pension from 27.04.1997 to 26.04.2002 on 16.12.1997. Further case of the petitioner is that even though the petitioner's disability was assessed more than 20% by the Medical Board from the year 1992 to 1997 but despite clear orders, he was not granted disability pension. It is also stated in the petition that vide order dated 25.09.2001, it was directed that all disability pensioners are required to appear before the Medical Board for one time re-assessment instead of having periodical board to assess disability, so that their disability pension can be reassessed for life. In pursuance of the aforesaid letter, the petitioner also appeared for reassessment of his disability. The petitioner further stated to have been examined by the Medical Board and the composite percentage of disability was assessed at 20% vide letter dated 13.11.2001, but yet has not been paid disability pension and instead communicated vide letter dated 04.03.2002, that his entitlement for disability pension again has been rejected on the ground that it is less than 20% (11% to 14%). The petitioner is aggrieved of rejection of his entitlement to disability pension merely on the reassessment of his disability on the basis of documents alone and without examining the petitioner by the PCDA(P) Allahabad, which is illegal and arbitrary and its correctness is assailed in this writ petition being not legally sustainable, seeking its quashment and further a direction from the Court to the Sanctioning Authority to grant disability pension to the petitioner.

(3.) In the reply filed by the respondents, it is submitted that the petitioner was placed in low medical category and produced before the Release Medical Board at 167 Military Hospital C/O 56 APO on 27.12.1991. The Medical Board recommended him to be released in medical category BEE (Permanent) due to disabilities;