R.L. Anand, J. - (1.) Major Harbans Singh (Retd.) has filed the present writ petition under Articles 226/227 of the Constitution of India and has prayed for issuance of a writ of certiorari by quashing the order Annexure P9 to the extent it had rejected the claim of the petitioner for disability pension for 100% entitlement. The petitioner has further made a prayer that direction be given to the respondents to release him the benefit of disability @ 100% w.e.f. 2.3.1986 onwards with all consequential reliefs.
(2.) The case set up by the petitioner is that he was enrolled in the Army as Jawan on 9.3.1951 and that he was commissioned on 9.3.1973. Subsequently he was promoted as a Captain and Major and was invalidated out of the Army on 2.3.1986. At the time of invalidation, the petitioner was declared a case of Ischaemic Heard Disease 40%, Diabetes Mellitus 15-19%, Bronchial Asthma 30%, Cervical and Lumbar Spondylsis 15-19% and his composite disability was assessed as 70%. The petitioner further alleges that he was the member of Army Group Insurance Scheme and on his invalidation he was entitled to the benefit of that scheme also. According to him, he was given the benefit of Army Group Insurance Scheme/Fund to the extent of 100% and, therefore, he is entitled to the benefit of disability pension @ 100% and not @ 20% as reduced by the Chief Controller of Defence Accounts (Pension) from 40%, which opinion was formulated by the Release Medical Board. On these allegations the petitioner is seeking the above prayer.
(3.) Notice of the writ petition was given to the respondents who filed the reply and denied the allegations. The stand of the respondents can be summarised by saying that the petitioner is not entitled to the benefit of disability to the extent of 100% because the composite disability as assessed by the Release Medical Board was 40%, which- opinion has been set aside by the Chief Controller of Defence Accounts (Pension), which came to the conclusion that the petitioner is entitled to the disability pension to the extent of 20%. Moreover, disease No. 1 and 2 suffered by the petitioner were declared as constitutional and disease No. 4 is not attributable to the Army service. Only disease No. 3 was held attributable to the Army service and for that the benefit of 20% has already been given to the petitioner and in these circumstances the petitioner has no case to say.;