Notes

Daljit Singh 876 of 2020
1. The petitioner was enrolled in the Regiment of Artillery on 26 Dec 1979 and discharged from service with effect from 30 Sep 1995 (AN) being placed in medical category lower than AYE and not upto the prescribed military standard under item III (v) of the table annexed to Rule 13 (3) “BEE” (Permanent) due to disability “ESSENTIAL HYPERTENSION 401”. Therefore, prior to discharge from service, he was brought before a Release Medical Board at Military Hospital Secunderabad on 09 June 1995, wherein disability of the petitioner was regarded as aggravated by military service due to stress and strain of military service. However, the degree of disability was assessed at less than 20% i.e 15-19% for two years.
2. Disability pension claim in respect of the petitioner was forwarded to PCDA (P) Allahabad for adjudication vide Artillery Records letter No 14343316P/T-I/DP-41772/Pen-2 dated 15 June 1996, which was rejected vide their letter No G3/53/363/7-96 dated 09 Dec 1996 stating that the disability pension was not granted to the petitioner. The aforesaid fact was communicated to the petitioner vide Artillery Records letter No 14344254/PPO/DP-41772/Pen-2 dated 17 Dec 1996 with an advice to prefer an appeal against the decision of rejection of disability pension to Govt. of India, Min of Def (Pen-A) within six months from the date of issue of PCDA (P) Allahabad letter i.e 09 Dec 1996, if he so desires. But, he did not do so within the stipulated time span.
3. After a gap of 23 years from the date of rejection of disability pension by PCDA (P) Allahabad, the petitioner had approached Artillery Records through his application dated 11 Oct 2019 for grant of disability pension. After examination of the case by the competent authority, the same has been replied vide Artillery Records letter No 14343316P/Appeal/Pen-2(D) dated 15 laining factual position regarding non entitlement of disability element of disability pension. The petitioner has again approached Artillery Records through delayed appeal dated 07 May 2020 for grant of disability pension which was also replied vide Artillery Records letter No 14343316P/Appeal/Pen-2(D) dated 15 June 2020. The petitioner has also been clarified that as per latest policy on the subject issued by Govt. of India Ministry of Defence vide letter No. 1(3)/2008/D(Pen/Pol) dated 17 May 2016, no one can submit an appeal against the rejection of disability pension after five years from the date of discharge/invaildment from service or from the date of rejection of disability pension claim. In the instant case, the petitioner had preferred an appeal dated 07 May 2020 for grant of disability pension after a delay of 24 years from the date of rejection of his disability element of disability pension by PCDA (P) Allahabad. Therefore, the same has not been entertained in accordance with the latest policy as stated above.
4. Now, the petitioner has filed OA No. 876/2020 in this Hon’ble Tribunal for grant disability element of disability pension @ 20% with effect from 01 Oct 1995 to 31 Dec 1995 and thereafter for life @ 50% duly rounding off, which is not tenable due to the following reasons:-
(a) As per Para 173 of Pension Regulation for the Army 1961 Part-I, the disability pension may be granted to an individual who is invalided out of service and degree of disablement is assessed at 20% or above. In the instant case, disability “ESSENTIAL HYPERTENSION (401)” of the petitioner was regarded as aggravated by military service. However, the degree of disability was assessed at less than 20% i.e 15-19% for two years by Competent Medical Authority as well as the Pension Sanctioning authority (i.e. PCDA (P) Allahabad). Therefore, he is not entitled to disability element of disability pension in terms of aforesaid regulations.
(b) With regards to grant of rounding off benefits of disability pension as per Government of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 Jan 2001, 12(16)2009/D (Pen/Pol) dated 15 Sep 2014 and letter No. 17(01)/2017(02)/D(Pen/Pol) dated 05 Sep 2017, rounding off benefits of disability pension has now been made applicable to all ranks who were retained in service despite their disability and subsequently proceeded on discharged/retirement including premature/voluntarily retirement with disability @ 20% and more and in receipt of disability element of disability pension. In the instant case, the petitioner is not in receipt of disability element of disability pension. Hence, he is not entitled for grant of rounding off benefit in terms of the policy as stated above.
5. Therefore, the Hon’ble AFT may graciously be pleased to pass an appropriate order according to the facts and circumstance of the case.
PARA WISE COMMENTS:-
Para 1. The petitioner has challenged the PCDA (P) Allahabad letter No. G3/53/363/7-96 dated 09 Dec 1996 under which disability pension of the petitioner was rejected by the competent authority, reason for the same are explained explicitly in succeeding paragraphs.
Para 2. No comments being related to jurisdiction for filing of OA before this Hon’ble Tribunal.
Para 3. Not accepted. The case is barred by Limitation Act as the petitioner has filed the ibid case after a lapse of 24 years from the date of rejection of his disability element of disability pension. The petitioner having remained complacent for such a prolonged period for non grant of disability element of disability pension alongwith rounding off benefits of disability pension. Hence, the instant OA filed by the petitioner is grossly suffered from delay and laches, besides lacking merit and substance. Therefore, he is not entitled for grant of disability pension from the date of his discharge, as such the OA is liable to be dismissed in preliminary hearing itself on these grounds.
In a similar case of delay in case of Sub Basti Ram Vs UOI in OA No 160/11, the Hon’ble AFT (Principal Bench Delhi) in its order dated 12 May 11 has dismissed the case on the ground that the Original Petition was filed after belated stage. In another case, the Hon’ble AFT (RB) Jaipur in TA No. 112/2009 Munshi Singh Vs UOI has taken a similar view and dismissed the petition on the ground of delay and laches of four years.
Para 4(A) and (B). Same as Para 1. COPY
Para 4(C). Refuted. It is stated that the judgment of various Hon’ble courts in particular case cannot be made applicable automatically in other cases as the fact and the circumstances of the cases do differs from each other.
Para 4(D). Same as Para 2. COPY
Para 4(E). Same as Para 3. COPY
Para 5. Refuted. The grounds adduced by the petitioner in sub paragraphs 5(a) to 5(c) are nothing but mere repetition of para brought out by the petitioner in the main body of the plaint, which have elaborately and explicitly been replied in foregoing para. It is stated that the petitioner has filed OA No. 876/2020 in this Hon’ble Tribunal for grant disability element of disability pension @ 20% with effect from 01 Oct 1995 to 31 Dec 1995 and thereafter for life @ 50% duly rounding off, which is not tenable due to the following reasons:-
(a) As per Para 173 of Pension Regulation for the Army 1961 Part-I, the disability pension may be granted to an individual who is invalided out of service and degree of disablement is assessed at 20% or above. In the instant case, disability “ESSENTIAL HYPERTENSION (401)” of the petitioner was regarded as aggravated by military service. However, the degree of disability was assessed at less than 20% i.e 15-19% for two years by Competent Medical Authority as well as the Pension Sanctioning authority (i.e. PCDA (P) Allahabad). Therefore, he is not entitled to disability element of disability pension in terms of aforesaid regulations.
(b) With regards to grant of rounding off benefits of disability pension as per Government of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 Jan 2001, 12(16)2009/D (Pen/Pol) dated 15 Sep 2014 and letter No. 17(01)/2017(02)/D(Pen/Pol) dated 05 Sep 2017, rounding off benefits of disability pension has now been made applicable to all ranks who were retained in service despite their disability and subsequently proceeded on discharged/retirement including premature/voluntarily retirement with disability @ 20% and more and in receipt of disability element of disability pension. In the instant case, the petitioner is not in receipt of disability element of disability pension. Hence, he is not entitled for grant of rounding off benefit in terms of the policy as stated above.
Para 6 and 7. NO COMMENTS.
Para 8.