- (1.) The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 11.08.2009 rendered by the learned Single Judge holding that the writ petitioner-respondent would be entitled to service element of his pension with effect from the date when it was discontinued i.e. 03.08.2003. Under the garb of discontinuation of disability element of pension on the basis of the opinion expressed by the Re-Survey of Medical Board that the disability of the petitioner had ceased to exist and the service element of pension has also been discontinued from 03.08.2003. The learned Single Judge held that the writ petitioner-respondent would be entitled to at least service element of pension. In respect of disability pension the appellants were directed to examine whether the disability pension granted to the writ petitioner respondent was at the old rate. The pension at the revised rate was ordered to be paid, if it was found that the writ petitioner-respondent was entitled to the same.
(2.) We have heard the learned counsel at a considerable length and are of the view that the appeal is wholly without merit and is a frivolous piece of litigation. The matter is squarely covered by a judgment of the Division Bench of this Court rendered in the case of 'Amarjit Singh v. Union of India' (P- 10). The aforesaid matter was decided in CWP No.12311 of 1996 on 27.02.1997. The Division Bench has held that a Sepoy, who had 100% disability when he was discharged from military service, was paid disability element pension as well as service element of pension. In the last para of the judgment, the Division Bench makes a reference to Rule 173 and 186(1) of the Military Service Regulations and proceeds to hold as under :- "Rule 173 of the Rules states that unless otherwise specifically provided, disability pension consisting of service element and disability element may be granted to an individual who is invalided out of service on account of a disability and it is assessed at 20% or over. Rule 186(1) states that in individual who is invalided out of service with an disability when assessed at below 20% shall be entitled to service element only. In 1986 when petitioner's disability was assessed at below 20% be ceased to have any right to get disability element of pension but is entitled to service element only. As stated earlier that disability element of pension was Rs. 25/- and the service element of pension paid to him was Rs. 13/- and 5 annas. As per the present orders issued by Central Govt. & minimum service pension payable to an exmilitary personal is Rs. 375/-. Since the service element of pension is to continue till death of the ex-serviceman we are of the view that petitioner should be paid the minimum service element of the pension, namely Rs. 375/- from the date on which he was found disentitled to get the disability element of pension. In this view respondents are to disburse pension (service element) to the petitioner at the rate of Rs. 375/- from 5.3.1986. Arrears due till date must be qualified and disbursed within three months from the date of receipt of a copy of this judgment. In case the arrears are not disbursed within the said period of three months, the entire arrears will carry interest at the rate of 12% from the date of expiry of three months till the date of payment. Respondents should regularly pay pension to the petitioner at the rate of Rs. 375/- every month without any break."
(3.) XXX XXX XXX;