UNION OF INDIA Vs. PRATAP SINGH RATHORE

JUDGEMENT

(1.) THIS special appeal is directed against the order of the learned Single Judge dated 9. 8. 2005 allowing the writ petition of the respondent. By the order impugned, the learned Single Judge while quashing the decision of the appellant authorities denying the respondent disability pension, directed the appellants to release the disability pension with all consequential benefits in terms of regulation 173a of Army Pension Regulations, 1961 with effect from the date he became entitled to such pension, that is, from the date he was placed in the low medical category CEE (P) and discharged from service.

(2.) FACTS of the case, briefly stated, are that on 26. 6. 1966, the respondent was enrolled in the Indian Army. On 9. 5. 1973 he was discharged under rule 13 (3) Item III (V) of the Army Rules. The discharge was consequent to his being placed in the lower medical category CEE (P) as he was found to be suffering from Varicocele (vericose veins ). The respondent applied for disability pension which was denied vide communication dated 28. 7. 1973 on the ground that the disability was less than 20%, and that it was not attributable to military service. Another attempt to get the disability pension having been rejected on 20. 12. 1988, the respondent filed S. B. Civil Writ Petition no. 175/1995 in this Court which was disposed of with the direction to the authorities to consider the claim afresh. The claim was again rejected on same very grounds on 10. 1. 1997. The appellant again approached this Court in the connected writ petition i. e. S. B. Civil Writ Petition no. 5264/1997 which was allowed in the manner stated above.

(3.) IN course of hearing, Shri Sanjeev Prakash Sharma, learned counsel for the respondent fairly stated that pursuant to the order of the learned Single Judge, the respondent has been allowed pension limited to the service element which comes to 7 years, 2 months and 14 days with which the respondent is satisfied.