Swatanter Kumar, J. - (1.) On 30th March, 1982, Jasmer Singh -petitioner was discharged from the military service, after putting in more than nearly 22 years of service, on medical ground with 20% disability being medical category 'CEE' permanent. The petitioner was enrolled as a member of the Indian Army as Jawan on 21st July, 1964. At the time of discharge, the petitioner was granted disability pension consisting of both elements i.e. service element and disability element. The petitioner has completed requisite years of service entitling him for grant of both these benefits. Re -survey medical board was held in the year 1983 and 1985 which maintained the disability of the petitioner at 20% and granted relief therein for a period of 10 years. The petitioner was invalidated out of military service being suffering from "Low Backache and Lumber Spondylosis".
(2.) The petitioner was subjected to re -survey medical board and was re - assessed to 20% disability, as per letter dated 17th July, 1995, Annexure P/1 to the petition. This document refers to the extent of disability and affirms the findings of the medical board in the following manner : - "As per your last PRO the following invaliding disability has/have been accepted. (a) Low backache Lumber spondylosis, (b) _____ (c) Last percentage accepted by CCDA(P) 20% (d) Percentage of disability now ^commended by hoard -20% (e) Whether ID accepted was attributable or aggravated reference to initial (disability award No. D/2458/82)
(3.) However, the petitioner received the letter dated 11th September, 1995, vide which it was stated that the disability of the petitioner had been re - assessed at less than 20% (15 to 19%) for 10 years as on 18th May. 1995. Resultantly, the pension, was discontinued. The relevant para of letter dated 11th September. 1995, Annexure P/2, reads as under : - "1. Refer to this office letter No. P/6305/60/RSMB /NEr/51 of 17Jul.95. 2. The award of temporary disability pension granted to you by the pension sanctioning authority has been discontinued from 28 Aug 95 as your disability has been re -assessed on 19 May 95 at less than 20% i.e. (15 to 19%) for 10 years.";