R.L. Anand, J. - (1.) EX -Sepoy Hari Chand has filed the present writ petition under Articles 226/ of the Constitution of India and has made a prayer that the order vide which his disability pension was discontinued w.e.f. August, 1999, passed by the respondents, be quashed and directions be given to the respondents to release him the benefit of disability pension w.e.f. August, 1999.
(2.) THE case set up by the petitioner is that he was born in the year 1941 and was enrolled in the Indian Army on 17.9.1965 in EME. He was technically qualified and was assigned the trade of Turner/Welder. He was discharged from the Army on 27.8.1970 on account of medical disability to the following effect : - "Sacrolisation of Transverse process of 50 Lumber Vertebra." The petitioner was assigned medical category 'C' and was granted disability pension vide award dated 22.6.1971. This benefit was granted upto 10.8.1980. On 21.8.1980 the petitioner was required to appear before a medical board for reassessment and the board assessed the disability at over 20%. Accordingly, vide award dated 21.8.1990, the disability pension granted to him was extended upto 30.5.1990. It is further pleaded by the petitioner that he was never asked to appear before any medical board nor any communication in this regard was received by him and he was disbursed the disability pension from 27.8.1970 to July, 1999. After August, 1999 the disability pension has been discontinued and this action on the part of the respondents is illegal. The petitioner served legal notice dated 10.9.1999. In response to the notice he received reply dated 27.8.1999 vide which it was conveyed to him that initially his disability was assessed at 20% which has now been decreased to less than 20% and, therefore, he is not entitled to the benefit of disability pension, been sranted to him w.e.f. 27.8.1970 to 10.8.1980. Notice of the writ petition was given to the respondents, who filed the reply and denied the allegations. According to the respondents, CCDA Allahabad had reduced the disability of the petitioner less than 20%, therefore, he is not entitled to the benefit of disability pension. The CCDA, Allahabad is competent to reduce the disability pension. It is further the stand of the respondents that the disability of the petitioner was reduced to less than 20% somewhere in the month of June, 1990. But unfortunately it could not be communicated to the petitioner and the petitioner had been taking the benefit of disability pension right from June, 1990 to August, 1999.
(3.) I have heard Mr. T.S. Dhindsa, Advocate on behalf of the petitioner, Mr. Gurpreet Singh, Advocate on behalf of the Union of India and with their assistance have gone through the records of the case.;