GUMAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by means of this petition seeks issuance of writ of mandamus directing the respondents to continue to pay disability pension stopped by the respondents w.e.f. 16.2.1988.

(2.) The petitioner has averred in the petition that he was appointed in the Indian Army on 24.9.1965. He was invalided out of service on account of disability on 9.12.1969 after serving a period of 4 years and 8 days. He was informed by the respondents vide letter dated 24.10.1987(Annexure 1) to appear before the Re-survey Medical Board ( for short the Board hereinafter). However, vide letter dated 8th April,1989(Annexure 4) he was informed that as his disability has been assessed less than 20% , his disability pension has been discontinued w.e.f. 18th February,1988. It is further averred in the petition that pursuant to the instructions issued in the year 1975 by the respondents,once the disability pension is granted, same cannot be withheld or dis-continued and in that regard he has relied upon the judgment of this Court delivered in case title Rampal Singh vs. Union of India & Ors., reported in WLC(UC) Raj. 2003, 75.

(3.) The respondents have filed reply stating therein that the petitioner was enrolled in the Army on 24th September,1965 and invalided out of service w.e.f. 9th December,1969 under Rule 13(3)III (iii) of the Army Rules having placed in medical category EEE as a case of PULMONARY TUBERCULOSIS-011 by a Invaliding Medical Board held at Military Hospital, Namkum on 9.12.1969. His disability was assessed at 100% as attributable to military service for one year. He was granted disability pension from 10.12.1969 to 8.12.1970 by CDA(P), Allahabad vide PPO NO.D/2975/70. Thereafter, periodical Re-survey Medical Boards were held and the disability pension was continued to the petitioner till 17th February,1988 as his disability was assessed more than 20%. Again Re-Survey Medical Board was held at Military Hospital at Jodhpur on 24.12.1987 which assessed the disability of the petitioner permanently at 20%. Accordingly, his case of disability pension was forwarded to CDA(P), Allahabad vide letter dated 29.2.1988 for adjudication. The claim of the petitioner was adjudicated by the CDA (P), Allahabad in consultation with the Medical Adviser (Pension), who did not agree with the assessment of the Medical Board and thus, assessed the disability of the petitioner as Nil for life. In consequence thereof, the petitioner became ineligible for disability pension in terms of Para 173 of the Pension Regulations for the Army, 1961(Part-1) and his disability pension has been discontinued w.e.f. 18.2.1988.