R.L. Anand, J. - (1.) Ex -Junior Warrant officer Sutan -tar Singh has filed the present writ petition against the respondents under Articles 226/ of the Constitution of India and has prayed that a writ in the nature of mandamus directing the respondents to grant him disability pension @ 100% w.e.f. 8.3.1992 to 6.3.1997 be issued. It may be mentioned here that on the basis of the report of the Re -Survey Medical Board the petitioner is already getting the benefit of disability pension by assessing his disability to be 50% w.e.f. 7.3.1997.
(2.) Some facts can be noticed in the following manner : - The petitioner was enrolled in the AIR Force on 21.1.1964. He was invalidated from the Air Force on 8.3.1992 on medical grounds. He submits that his disability was assessed at 100% by the Invalidating Medical Board and, therefore, he is entitled to the benefit of disability pension at 100% from 8.3.1992 to 6.3.1997 though the respondent -authorities are paying him this benefit by assessing his disability at 50%. It may also be clarified here that the petitioner was even getting the benefit of disability pension at 50% prior to 8.3.1992 and subsequent to 6.3.1997. In the present writ petition the dispute is only whether the petitioner is entitled to the disability pension for 50% disability or 100% disability for a limited period starting from 8.3.1992 to 6.3.1997, The case sought to be made out by the petitioner is that since this disability was assessed at 100% composite and this disability is attributable to the Air Force service, therefore, he is entitled to the benefit of 100% instead of 50% disability for the disputed period as referred above.
(3.) Notice of the writ petition was given to the respondents. According to the respondents, the petitioner has been rightly paid the disability pension @ 50% and there is no further scope of enhancement.;