EX HAVALDAR BIRDA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by Ex. Havaldar Birda Ram, with the prayer that the order dated 21st September, 1995 be quashed and the respondents be directed to grant him the disability benefits at the half of the life insurance cover to the tune of Rs. 37,500/- with interest @ 24% P. A. and clause (1) (i) of Annexure 11 and Para 1 (a) of communication-cum-order dated 19. 11. 1985 be declared illegal and quashed.

(2.) ACCORDING to the petitioner, he was enrolled in the Indian Army on 30th September, 1963 and was allotted to the Intelligence Corps. Every member of the armed forces is covered by the risk under the Army Group Insurance Scheme (for short `the A. G. I. S. " ). In the event of any untoward incident or happenings in that if an army personnel is met with any accident resulting into either death or disability, he is entitled to receive the benefit of insurance claim provided under the said scheme. He being a member of A. G. I. S. , monthly premium was deducted from his salary as contribution towards the said policy. Although the A. G. I. S. is a society registered under the Societies Registration Act but it is fully controlled by the regular officers of the Indian Army.

(3.) ON merits it has been submitted that as per eligibility rules, disability benefits under the scheme are not admissible to members in low medical category who proceeds on release/discharge from service on fulfilling/completion of terms of engagement. Reliance has been placed on Army Order 27/81 and the letter of Army Hqrs. No. A/32395/org2 (MP) (c) dated 19. 11. 85. Since the petitioner proceeded on discharge after fulfilling and completing term of engagement of his rank which is 24 years of service, he was not entitled to the relief prayed for. Maturity benefits admissible under the Army Group Insurance Scheme, amounting to Rs. 7109/- have already been paid to the petitioner and no other amount is due. It has been submitted that the disability benefit covered under the A. G. I. S. is granted to those members of the scheme, who are invalided out or released before completion of contractual period of service which result into curtailing the term of his service due to disability. The amount of disability is calculated @ 50%. The amount of insurance is liable to be proportionately reduced to the extent of percentage of disability. Since the petitioner proceeded on discharge on completion of his terms of engagement as applicable to his rank at the time of discharge and there is no cut short in his service career, as such he is not eligible for disability benefits under the scheme. The honorary rank of Naib Subedar was conferred upon the petitioner by his Excellency the President of India. Conferment of this rank cannot be therefore, considered as grant of regular promotion. The individual does not get any benefit of extended service, but this only enhances his image and status after retirement. For grant of honorary rank of Naib Subedar to Havildar, the most important pre-requisite is that the Non Commissioned Officer (NCO) should have attained the age of superannuation and hence question of increase in term of service does not arise. Criteria to get honorary rank is given in Intelligence Corps Record Office Instructions. A havildar, who is honorary Naib Subedar gets monthly monetary benefits of Rs. 45/- vide Government of India, Ministry of Defence letter dated 6. 11. 1991 and those personnel, who retired subsequent to 1. 10. 1991 are entitled to such benefit @ 100/ per month. In the case of the petitioner, he having retired prior to 1. 10. 1991 would be entitled to additional monthly monetary benefit of Rs. 45/- only which has been granted.