EX Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this petition, the petitioner has prayed for quashing orders dated 26.12.1997 (Annexure P.2) vide which officer-in-charge Records, Army Medical Corps, Lucknow (respondent No. 3) conveyed the decision of CDA (P) Allahabad to discontinue the disability pension payable to him w.e.f. 20.6.1997. He has further prayed for quashing order dated 10.12.1999 (Annexure P.5) vide which the Government of India, Ministry of Defence dismissed the appeal filed by him against Annexure P.2.

(2.) The petitioner joined Army on 27.6.1967. On 1.2.1976, the Ambulance in which he was travelling met with an accident, as a result of which the petitioner suffered compressed fracture. Consequently, his medical category was downgraded from AYE to EEE. He was invalidated out of service on 31.1.1983 and was paid disability pension because the Army Medical Board had assessed his disability to be more than 20%. After 14 years, respondent No. 3 sent Annexure P.2 to the petitioner conveying the decision of CDA (P), Allahabad to discontinue the disability pension being paid to him on the ground that his disability had been re-assessed at 11 to 14%. The appeal filed by him was dismissed by the Government of India vide Annexure P.5.

(3.) The petitioner has relied on paras 14 and 17 of the Entitlement Rules of the Casualty Pensioner Awards, 1982 and averred that the decision of the concerned authorities to stop the disability pension payable to him is vitiated due to violation of the rules and arbitrariness.