RAVINDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this case, petitioner is claiming disability pension on the ground that when he was in Indian Army he met with an accident while going by service transport on 31/7/1994 and sustained injuries. Again on 4/12/1997 while he was on casual leave at his hometown, he met with an accident resulting in multiple fracture in his right leg and he was admitted in Military Hospital, Ambala and Chandimandir for treatment. According to the petitioner, he has served the Indian Army for more than 17 years and he has unblemished service record. Further, it is submitted that his unit 75 Armoured Unit was at Jodhpur and after his return from Military Hospital Pune to which he was referred by Military Hospital, Jodhpur for further treatment, therefore, final medical board was held at Military Hospital, Jodhpur and he was medically boarded out with a recommendation for disability pension.

(2.) THOUGH the petitioner was recommended by Medical Board for disability pension but he was given only normal pension vide PPO dated 13/6/2000 and disability pension was not released by the PCDA (Pension), Allahabad. The petitioner was informed vide letter dated 22/4/2002 along with letter dated 26/7/2001 that his case for disability pension was rejected by the PCDA (Pension) vide impugned order dated 10/7/2001. Against the said order, petitioner preferred an appeal through proper channel and the said appeal was forwarded to the concerned appellate authority along with medical documents vide letter dated 1.8.2002 but petitioner received no response from the respondents. Thereafter, petitioner gave a representation on 25/10/2002 for releasing disability pension but the same was rejected.

(3.) THE contention of petitioner is that although the respondent No. 2 is vested with the right to release pension to the retired army personnel but criteria for grant of disability pension is not vested with this agency, rather the disability pension is released on the recommendations of the medical board, which in the instant case was made by the Military Hospital, Jodhpur. Further it is submitted that petitioner was discharged from Indian Army due to medical disability as he was permanently placed in medical Category CEE (P) by the Military Medical Board.