A.N. Varma, J. - (1.) By means of this petition the petitioner is claiming the relief of writ of mandamus directing the respondents to advance to the petitioner the disability benefits admissible under the Army Group Insurance Scheme (AGI Scheme for short) formulated vide SAO 5/6/78.
(2.) The facts giving rise to this petition are not much in dispute. The petitioner was enrolled in the Army on 23-7-1959 and he was at the relevant time holding the rank of Hawaldar according to which on the completion of 22 years of service he would have had to retire on 22-7-1981. His services were, however, extended for to years w.e.f. 22-7-1981 to 22-7-1983 by the Screening Board. During this extended period of service he was admitted in the Military Hospital on 23-8-1982 and was subsequently transferred to the Military Hospital at Pune. Eventually he was discharged from service on 12-7-1983 with 100% disability on the ground that he was suffering from Pulmonary Tuberculosis. After his discharge the petitioner applied for the benefits admissible under the A. G. I. Scheme. The claim of the petitioner was. however, negatived by the respondent on the ground which may be reproduced in their own words : "Vide sub-paragraph 2 (f) of SAO 5/6/70, amended vide AO 27/01, all ranks invalided out of service with 40% and above disability, due to attributable or non-attributable causes became eligible for Disability benefits with effect from 1-1-1980. However, vide sub-paragraph 2 (f) (ii) of this S. A, O., personnel awarded disability element at the time of proceeding on normal pension or discharge or release were not made eligible for the Disability benefit. This implies that only those individuals whose normal service career is cut short are eligible for the Disability benefits under the Army Group Insurance Scheme. Since you proceeded on pension after completing the normal service limits of 22 years, your normal career was not cut short and hence you are not eligible for the Disability benefits."
(3.) Having heard the learned counsel for this parties and perused the aforesaid St heme as amended, we are clearly of the opinion that the benefit of the aforesaid A. G. I. Scheme has been wrongfully denied to the petitioner. In order to appreciate the submissions of the learned counsel for the petitioner, it will be convenient to extract here the relevant provisions. Clause 2(b) of the Scheme states that the benefits of this Scheme shall be applicable to all serving and future JCO's/OR's including recruits of the Army all Non-Combatants (Enrolled) and re-employed DCOs/OR. We may then extract paragraph 2(f) of the amended Scheme on the basis of which the benefit of the Scheme has been denied to the petitioner. The same reads as follows : "(f) Disability Cover. - All ranks invalided out of service with 40% and above disability, due to 'Attributable' or 'Non-attributable' causes are eligible or disability benefits in addition to maturity benefits with effect from 10 Jan., 80. The following categories are, however, not eligible for disability cover : (i) Personnel with disability who proceed on pension/discharge/ release at their own request : (ii) Personnel whose disability is detected and are awarded/disability/ element at the time of proceeding on normal pension discharge/ release. (iii) P & T deputationists invalided out of military service but continue in service in their parent department on reversion from Army.";