Articles

Disability Pension for Intervening Period by Hon'ble AFT Jaipur


The case of disability pension for intervening period was allowed by Hon'ble AFT Jaipur... 

 

 

IN THE ARMED FORCES TRIBUNAL, REGIONAL BENCH,

JAIPUR

:JUDGMENT:

VIDHYANAND

VERSUS

UNION OF INDIA  & OTHERS

 TRANSFER APPLICATION NO.144 OF 2009

In the matter of SBCW No.6897 of 2008

Transferred to this Tribunal vide order

Dated 13.11.2009.

:::

DATE OF JUDGMENT: JULY 2,2010

:::

PRESENT

HON’BLE MR. JUSTICE BHANWAROO KHAN [J]

HON’BLE LT GEN SUSHEEL GUPTA [A]

Mr. O.P. Sheoran for applicant.

Mr. Sanjay Pareek for the non-applicants.

Lt Col Veerendra Mohan,OIC (Legal) for nonapplicants.

 

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

 

1. The applicant filed a writ petition initially before

the Rajasthan High Court, Jaipur Bench, Jaipur

claiming relief regarding grant of disability pension,

which was stopped with effect from 19.10.1999 but

after coming into existence of this Tribunal, the writ

petition was transferred to this Tribunal vide order  2

dated 13.11.2009 for disposal and the same has been

treated as a Transfer Application.

2. The undisputed facts are: that the applicant was

initially enrolled in the Indian Army on 07.01.1986 and

was discharged from service on 01.09.1992 on being

placed in low medical category permanently with effect

from 09.08.1991. He was subjected to Release Medical

Board, which assessed the disability at 50% for two

years and also aggravated by military service but the

PCDA (P), Allahabad considered the percentage of

disability as 20% and granted him disability pension

with effect from 01.09.1992 to 04.05.1997. Thereafter,

he was brought before to Resurvey Medical Board on

21.10.1997 and the Resurvey Medical Board assessed

his disability at 20% for five years but the PCDA

(Allahabad) accepted his claim only for two years i.e.

from 06.05.1997 to 19.10.1999. He was further

subjected to Resurvey Medical Board on 24.06.1999,

which assessed his disability at 20% for two years with

effect from 20.10.1999 but the PCDA (P), Allahabad

reduced the percentage of his disability at less than

20% (i.e. 11% to 14%) for five years.  3

3. Thereafter, because of the change in policy, the

applicant was again brought before the Resurvey

Medical Board on 01.06.2002 at Military Hospital,

Jodhpur, which assessed the applicant’s disability at

below 20% and hence, the disability pension of the

applicant has been stopped with effect from

20.10.1999.

4. Against the above opinion regarding percentage

of disability, the applicant preferred an appeal and the

appellate authority took almost 6 years in holding the

Appeal Medical Board of the applicant. The appeal

medical board assessed the disability of the applicant

at 20% for life with effect from 17.04.2009 and as

such, the applicant has been granted disability pension

with effect from 17.04.2009 onwards.

5. We have heard Mr. O.P.Sheoran, the learned

counsel for the applicant, Mr. Sanjay Pareek, the

learned counsel for the non-applicants and Lt Col

Veerendra Mohan, Officer Incharge (Legal) for the nonapplicants

and have carefully gone through the record

of the case.  4

6. The applicant was subjected to Release |Medical

Board in the year 1992, Resurvey Medical Board in the

years 1997 and 1999 respectively and the Appeal

Medical Board in the year 2009 but except the

Resurvey Medical Board held on 01.06.2002, all other

Medical Boards assessed the percentage of the

disability of the applicant at 20% or more than 20%

and also attributable to military service. Since the

Appeal Medical Board was held against the opinion

expressed by the Resurvey Medical Board held on

01.06.2002, the opinion expressed by the Appeal

Medical Board held in the year 2009 would certainly

relegate with effect from 01.06.2002, the date on

which Resurvey Medical Board was held and the

opinion expressed by the Resurvey Medical Board held

on 01.06.2002 merges in the opinion expressed by the

Appeal Medical Board and as such, the disability

suffered by the applicant shall be treated as continuing

from the date, the Resurvey Medical Board was held

i.e. with effect from 01.06.2002. In this view of the

matter, the applicant is entitled to the disability

pension with effect from 01.06.2002 to 16.04.2009 as

the applicant has already been granted disability  5

pension with effect from 17.04.2009 vide PPO

No.D/CORR/2492/2009.

7. Resultantly, this application is allowed and the

non-applicants are directed to grant disability pension

to the applicant with effect from 01.06.2002 to

16.04.2009. The arrears of the disability pension with

effect from 01.06.2002 to 16.04.2009 be paid to the

applicant within a period of three months from the

date of receipt of copy of this judgment with interest at

the rate of 6% per annum.

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

parties are left to bear their own costs.

[Lt Gen Susheel Gupta] [Justice Bhanwaroo Khan]