Articles

Disability Pension Granted by Armed Forces Tribunal Jaipur

The Hon'ble Armed Forces Tribunal Jaipur allowed the case of disability pension..

 

IN THE ARMED FORCES TRIBUNAL, REGIONAL BENCH,

 JAIPUR

 :JUDGMENT:

Ishwar Singh Vs. Union of India & Ors.

 

TRANSFER APPLICATIION NO.98 OF 2009

In the matter of S.B. Civil Writ Petition No.

8357 of 2004, transferred to this Tribunal

Vide order dated 16.11.2009.

:::

DATE OF JUDGMENT ::: 12TH AUGUST,2010.

PRESENT

HON’BLE MR. JUSTICE BHANWAROO KHAN [J]

HON’BLE LT GEN SUSHEEL GUPTA [A]

Mr. O.P.Sheoran  for  the applicant.

Col Veerendra Mohan, OIC Legal for the non-applicants.

BY THE TRIBUNAL:[PER BHANWAROO KHAN (J)]

1. The applicant Ishwarsingh, who was enrolled in the

Indian Army in Rajputana Rifles Regiment on 6.8.1965 and  2

was discharged from service on medical ground in low

medical category CEE (P) on 31.8.1980, filed a writ petition

initially before the Rajasthan High Court, Bench at Jaipur

for grant of disability pension with effect from 13.12.1998,

the date from which it was stopped but after the formation

of this Tribunal, that writ petition stood transferred to this

Tribunal vide order dated 16.11.2009 and has been treated

as a Transfer Application.

2. The brief facts leading to this application are: that the

applicant was initially enrolled in the Indian Army in

Rajputana Rifles Regiment on 6.8.1965 and was discharged

from service on medical ground in low medical category

CEE (P) on 31.8.1980. At the time the applicant was

invalided out from service, Invaliding Medical Board was

held, which assesses his disability as more than 20% and

considered it to be aggravated by military service.

Thereafter, the applicant was brought before Resurvey

Medical Board from time to time and ultimately, in the year

1997, his Resurvey Medical Board was held, which assessed

his disability in between 15% to 19% with effect from

12.2.1998 for five years. In the year 2002, his Resurvey  3

Medical Board was again held and it assessed the

percentage of disability of the application in between 15%

to 19% for life but dissatisfied with the above opinion of the

Resurvey Medical Board held in the year 2002, the

applicant preferred an appeal before the appellate

committee and ultimately, his Resurvey Medical Board was

held on 5.5.2010, which assessed the disability of the

applicant as 40% for life. The applicant has,therefore,

prayed for grant of disability pension with effect from

13.2.1998 onwards.

3. On behalf of the non-applicants, a detailed reply was

filed in which the above facts were not disputed. However,

it was submitted that since the applicant’s disability has

been assessed as 40% with effect from 5.5.2010, he is

entitled to receive disability pension with effect from

5.5.2010.

4. We have heard Mr. O.P.Sheoran, the learned counsel

appearing for the applicant and Col Veerendra Mohan,

Officer Incharge for the non-applicants and have carefully

gone through the record of the case.  4

5. Learned counsel for the applicant argued that

applicant’s Resurvey Medical Board was held in the year

1997, which assessed his disability in between 15% to 19%

with effect from 12.2.1998 and the same opinion was

expressed by the Resurvey Medical Board held in the year

2002 and, therefore, the applicant preferred an appeal and

ultimately his Resurvey Medical Board was again held on

5.5.2010, which assessed his disability as 40% and,

therefore, as per Regulation 173 of the Pension Regulations

for the Army, 1961, the applicant is entitled to receive

disability pension with effect from 13.2.1998, the date on

which his disability pension was stopped.

6. Per contra, it has been contended by Col Veerendra

Mohan, Officer Incharge of the non-applicants that since the

Resurvey Medical Boards held in the years 1997 and 2002

assessed the disability of the applicant in between 15% to

19%, the applicant is not entitled to claim disability pension

till his Resurvey Medical Board was again held on 5.5.2010,

which assessed his disability as 40%.  5

7. We have considered the rival submissions made at

the bar on behalf of both the parties.

8. Admittedly, against the Resurvey Medical Board held

in the year 1997, no appeal was filed by the applicant and

as such, the opinion expressed by the Resurvey Medical

Board held in the year 1997 has attained its finality.

Thereafter, the applicant was again brought before the

Resurvey Medical Board on 28.12.2002, which also

assessed his disability between 15% to 19% and against

that opinion of the Resurvey Medical Board held on

28.12.2002, the applicant preferred an appeal and

ultimately, he was further brought before the Resurvey

Medical Board on 5.5.2010, which assessed his disability as

40%. Thus, the opinion expressed by the Resurvey Medical

Board held on 28.12.2002 will merge into the opinion

expressed by the Resurvey Medical Board held on 5.5.2010.

In that view of the matter, the applicant is entitled to

receive disability pension with effect from 28.12.2002

onwards. He is not entitled to disability pension with effect

from 12.2.1998 to 27.12.2002.  6

9. Resultantly, this application is allowed and the nonapplicants

are directed to grant disability pension to the

applicant with effect from 28.2.2002 onwards. The arrears

of the disability pension be paid to the applicant within a

period of three months from the date of receipt of copy of

this judgment with interest @ 6% per annum.

10. In the facts and circumstances of the case, the

parties are left to bear their own costs of this application.

 

(Lt Gen Susheel Gupta)A. (Bhanwaroo Khan) J.