SUNDER KANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the instant writ petition, the communications/letters dated 21st January, 1985 and Uth January, 1996 respectively issued by the respondents have been challenged by the petitioner.

(2.) THE facts and circumstances giving rise to the instant writ petition are that petitioner's husband late Madan Singh Devra was recruited in the Indian Army on the post of Rifleman, who was enrolled on 11.12.1979 by the respondents after thorough medical examination and finding him medically fit having category 'AYE'. After his recruitment/enrollment with the Indian Army, he underwent the training course for the period prescribed by the respondent authorities. After having completed the training, he was posted to 7th Raj. Rifle. At the relevant time at Pathankot in Punjab, he was deployed In a convoy of A.S.C. unit i.e. Army Supply Corps in July, 1984 and while he was in the aid convoy, he met with an accident on 7th July, 1984 when he was traveling in a return army truck to Jammu and suffered serious injuries including injury on his head. He was admitted in Military Hospital Pathankot. However, subsequently, he was discharged from the Army service on 30th September, 1984 on the medical ground and the Medical Board vide Annexure R/l recommended disability pension, however, his disability was assessed to be 40%. He was denied disability pension by communication Annexure R/3 dated 31st January, 1985 signed by Account Officer (Pension), office of the CDA (P), Allahabad. After having been discharged from the Army on medical ground, the petitioner's husband died on 3rd March, 1988. During his life time, the petitioner's husband by various communications approached the Army Authorities for granting him disability pension, however, before he succeeds in getting disability pension, he committed suicide on 3rd March, 1988 due to the strain and the financial crisis which he faced. After -the death of her husband, the petitioner represented the respondents Army Authority for grant of disability pension in favour of her husband. However, the respondents have not considered the case of the petitioner for grant of disability pension. Hence, this writ petition.

(3.) IT is contended by learned Counsel for the petitioner that it is not in dispute that the Medical Board found that deceased Madan Singh suffered disability to the extent of 40%. According to learned Counsel for the petitioner, the regulation 173 -A of the Pension Regulations for the Army, 1961 (for short "the Pension Regulations" hereinafter) provides that individuals, who are placed in a lower medical category (other than 'E') permanently and who are discharged because no alternative employment in their own trade/category suitable to their low medical category could be provided or who are unwilling to accept the alternative employment or who having retained in alternative appointment are discharged before completion of their engagement, shall be deemed to have been invalided from service for the purpose of the entitlement rules laid down in Appendix II to these Rules. The note appended below to Regulation 173 -A provides that the above provision shall also apply to individuals who are placed in a low medical category while on extended service and are discharged on that account before the completion of the period of their extension. The Appendix appended to regulation 173 -A provides the classification of disease, the relevant portion of which is reproduced as such: