MURLIDHAR JAT Vs. UNION OF INDIA

JUDGEMENT

(1.) :- Petitioner has filed this writ petition aggrieved by discontinuation of payment of pension to him w.e.f. 31/8/1996 and with the further prayer that respondents be directed to grant him disability pension from the said date with arrears on the ground that his disablement was assessed at less than 20% i.e. 11-14% for five years.

(2.) Shri Omprakash Sheoran, learned counsel for the petitioner has argued that petitioner was enrolled in the Indian Army (Army Medical Corps) on 28/9/1965 and was discharged on medical grounds in lower Medical Category (CEE Permanent) on 28/6/1982 after serving the respondents for more than 17 years. Petitioner while serving the respondents suffered from a disease namely; ID- Back Ache with Sciatic Syndrome (Right) . Petitioner acquired this disease due to the conditions of service and stress, which was assessed by the medical board as "attributable to and/or aggravated by Military service" more than 20%. Petitioner was sanctioned and granted disability pension apart from service pension at the time of discharge on 28/6/1982. He was periodically brought before the medical board and continued to get his disability pension. Third medical review board held in the year 1996 at Military Hospital, Jaipur assessed the disability of the petitioner at 20% and attributable it to military service. Said recommendation however was over-ruled by the Chief Controller of Defence Accounts (Pension) who accepted disability of the petitioner only as 11-14% and accordingly payment of disability pension was discontinued to the petitioner w.e.f. 31/8/1986. Dissatisfied with the decision of the CCDA (P) Allahabad, petitioner filed an appeal before the Government of India, Ministry of Defence on the premise that extent of disability as opined by medical board could not be reduced prejudicially to the petitioner by PCDA(P) Allahabad without referring the petitioner to the higher medical board/authority. Appeal however was dismissed by the Government of India vide order dated 30/4/1997. Learned counsel submitted that petitioner was again brought before the medical board on 14/7/2001 and this time, the medical board assessed his disability at less than 20% (11-14%) in view of decision of CCDA (Pension) for life. It was so conveyed to the petitioner by Records, Army Medical Corps vide order dated 30/10/2001. Petitioner preferred appeal thereagainst before the Government of India Ministry of Defence. Respondents have now brought on record of this writ petition, his disability certificate. Petitioner's appeal was placed before the appellate committee i.e. PCDA(P) Allahabad, who in turn forwarded the same to the Government of India, Ministry of Defence, New Delhi where, it is pending adjudication. The case of the petitioner was reviewed by the Review Medical Board on 14/7/2001 which assessed his disability at less than 20% i.e. 11 to 14% for life. The claim was adjudicated by PCDA(P) Allahabad which assessed the disability of the petitioner at less than 20% for life w.e.f. 26/7/2001. His appeal against fresh assessment made by Last Review Medical Board was allowed by Appellate Committee of the Central Government, vide its order dated 14/7/2001 which again held him disability at 20% for life. Petitioner has been accordingly issued fresh Pension Payment Order (PPO). Writ petition therefore survives only in regard to discontinuation of disability pension to the petitioner for the period intervening between 31/8/1996 to 25/7/2001.

(3.) Shri Omprakash Sheoran, learned counsel for the petitioner has relying on the judgment of Supreme Court in Ex.Sapper Mohinder Singh v. U.O.I., Civil Appeal No.164/1993 decided on January 14, 1993 argued that in that case it was held by their Lordships that that disability assessed at 20% by the medical board which had personally examined the petitioner, could not be reduced by Pension Payment Authority and payment of disability pension could be discontinued only if fresh medical board examined the army man concerned again. Citing from judgment of Punjab and Haryana High court in Nachhattar Singh v. Union of India and others : 1999(2) SLR 691, learned counsel argued that in that case also Accounts Branch of PCDA at Allahabad without referring the service man to Higher Medical Board reduced the extent of his disability at 11% to 14% for which reason disability pension was declined. It was held by the High Court that Accounts Branch Allahabad cannot sit over the judgment of the Medical Board and reduce the extent of disability. Learned counsel also relied on the judgments of this Court in Brigadier (Retd.) V.K. Sarda, Vr.C. v. Union of India & Ors. (SBCWP No.4033/2002) decided on 7/8/2008, Ved Prakash Chawla v. Union of India- (1996) 1 SCT 359 and Ram Kumar Singh v. UOI & Ors., S.B. Civil Writ Petition No.4904/97 decided on 23/3/1999 in which cases also, this Court relying on the judgment of Ex-Sapper Mahendra Singh supra held that Appellate Medical Authority, which had never examined the petitioner in person, could not mechanically reverse the view taken by the Medical Board which had the occasion to personally examine serviceman and also appreciating the nature of his duties.