Rakesh Tiwari - (1.) -Heard Sri K. S. Tiwari, counsel for the petitioner and Sri R. C. Shukla, counsel of Union of India.
(2.) CONCISE facts of the case are that after the petitioner was declared medically fit by the Military Doctors was enrolled (enrolment number 14358987) in Army (Corps of Artillery) in the rank of Nayak on 27th August, 1981. While he was on annual leave on 17.9.1986, he sustained serious injuries in a road accident. The petitioner was admitted in Military Hospital at Allahabad for treatment. After recovery from injuries, he was brought before the Medical Board and on 16.11.1992, he was declared unfit for further retention in Army having been placed in the category C.E.E. (P.E.R.M) on account of disabilities- "multiple injuries with compound fracture with dislocation elbow (LT), fracture/shaft femure (L) 4 extensive soft tissue injury foot & ankle." Thereafter, the Commanding Officer sanctioned the name of the petitioner for service element and sent his name to Chief Controller, C.D.A. (Pension), Allahabad-respondent No. 2 for grant of service element including disability pension.
(3.) GRIEVANCE of the petitioner is that though the Chief Controller, C.D.A. (Pension), granted him service element but has rejected disability pension to him on the ground that disability resulting in his invalidment was not attributable to Military service as the injuries sustained by him had not existed before or during the course of military service. Information regarding rejection of his disability pension was communicated to the petitioner vide letter dated 11.12.1993 by the Commanding Officer. The impugned order dated 11.12.1993 rejecting the claim of disability pension is as under : "1. After a careful consideration of your case, it is intimated by the CCDA(P) Allahabad, U. P. vide their rejection memo No. G-3/53/ 668/8/93 dated 18.11.1993 that the disability which resulted in your invalidment : (a) is not attributable to military service. (b) does not fulfil the following conditions, namely, that it existed before or arose during military service. (c) is accepted as attributable to service but assessed 2. No disability pension is, therefore, admissible to you under the existing rules. 3. However, you have been granted disability element service pension Rs....(rupees)....only w.e.f....to life. Pension payment order will be sent to you in the course/has been sent to you on... 4. A sum of Rs. 9694 Rupees Nine Thousand Six Hundred and Ninty Four only on account of DC/BGX will be paid to you through Money Orders on your above address. 5. A sum of Rs... on account of invalidity gratuity has been sanctioned to you and the same will be transmitted to you by money order in due course. 6. If you are not satisfied with the decision of the CDA(P), Allahabad you may appeal against the rejection of your disability pension claim to Government of India, Ministry of Defence (Pen-A) New Delhi through this office not later than six months w.e.f. 18.11.93. Note.-If the individual died before receiving DCRG, the amount will not be paid to his next of kin and the matter will be referred to G-4 Section GCDA(P) Allahabad for further action. Sd/- illegible (Record Officer for Commanding Officer)" ;