BHANWAR SINGH Vs. UOI

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner assailing order Ann. 8 dt. 10th December, 1987 whereby his disability pension was discontinued from 17th January, 1986 on the premise that resurvey Medical Board has assessed his disability to be less than 20%.

(2.) PETITIONER was enrolled in Army on 24th May, 1967 and as alleged in the petition, while in service due to injury suffered by him during the course of physical training on 5th February, 1970 who was disabled to serve the respondents any further and the Resurvey Medical Board which was held on 17th October, 1971 assessed his disability to be more than 20%. As such, he was allowed to get disability pension for the service rendered by him. However, Resurvey Medical Board again held on 2nd August, 1987 where it was assessed to be less than 20% for life since the effect of its aggravation deemed to have passed off. As a consequence whereof, his disability pension was withheld/discontinued by the respondents vide order Ann. 8 dt. 10th December, 1987.

(3.) COUNSEL for petitioner submits that in such cases where disability on re-assessment being less than 20% permanently still such retired personnel are entitled for pension based on their service element and cut-off date fixed by the respondents on 1. 1. 1973 has been declared to be arbitrary and violative of Art. 14 and 16 of the constitution of India in the case of Smt. Sinokhi vs. Union of India [2002 (3) RLR-184] and in these changed circumstances, the petitioner is entitled for disability pension based on service element in terms of judgment [supra] relevant para 10 whereof is reproduced as under: