G.R. Majithia, H.K. Sandhu, J. - (1.) The petitioner has challenged the order contained in letter No.14515122/RA-12/Pen, dated January 8, 1992, whereby his disability pension was discontinued, in this the petition under Articles 226/227 of the Constitution of India.
(2.) The petitioner is getting consolidated revised pension with effect from January 1, 1986 at the rate of Rs. 375/- p.m. for life. He was enrolled in the Army on November 8, 1973. When he was posted at Secunderabad, he sustained injury and was admitted to Medical Hospital, Secunderabad on February 28, 1976 due to the disease "Acute Iridocyclitis effect of Lt. eye" and was discharged from that hospital on July 1, 1976. He was recommended to be released from service in category CEE permanent "due to the disability ACUTE IRIDCYCLITIS EFFECT OF LT EYE" by a duly constituted Medical Board of doctors on April 28, 1978 at Military Hospital, Deolali and his Medical Board proceedings were approved by ADMS HQM & G Area on May 4, 1978. He was found medically unfit for further service and was discharged with effect from July 22, 1978. He was found medically unfit for further service and was discharged with effect from July 22, 1978 (AN) under Item 13(3) Clause 2A to Army Rules, 1954. At the time of discharge the disability of the petitioner was accepted by the Medical Board of doctors only for two years with effect from July 23, 1978 to April 24, 1988 and not permanently. For this period he was granted disability element vide CODA (Pensions) Allahabad PPO No. 1133/79 dated May 8, 1979 and amendment for revised amount as per 4th Pay Commission for the above period was also issued vide CODA (Pensions) Allahabad PPO No. D/SC/28/89, dated May 4, 1989. For continuance award of disability pension, the petitioner was brought before Re-survey Medical Board on January 12, 1989 at 159 General Hospital with previous Medical documents, wherein the Medical Board re- assessed his disability at less than 20% (i.e. 11-14%) permanent with effect from April 25, 1980. Therefore, his disability pension was temporarily discontinued for two years from April 25, 1989 to January 11, 1982 vide CODA (Pensions) Allahabad letter No. G3/RA/80/2463/III dated May 29, 1980. On completion of this period the petitioner was again brought before Re-survey Medical Board for continuance award of disability pension on November 6, 1981 in which Medical Board of doctors again re-assessed his disability at less than 20% (i.e. 11-14%) permanent with effect from January 12, 1982. CODA (Pensions) Allahabad vide their letter No. G3/RA/81/18033/III, dated February 19, 1982, again re-assessed his disability on November 6, 1981 at less than 20% for 10 years with effect from November 6, 1991 to November 5, 1991. After completion of that period, the petitioner was again brought before the Re- survey Medical Board on August 8, 1991 for further continuance award of disability pension at 159 General Hospital. The Medical Board of doctors again reassessed his disability at less than 20% (i.e. 11-14%) permanent with effect from August 8, 1991. His medical board proceedings were also approved by offg. ADMS HQPH & HP Area on August 21, 1991. As per para 173 of the Pension Regulations for the Army, Part I, 1961, the eligibility condition for grant of disability pension is as under : "173. Unless otherwise specifically provided a disability pension may be granted to an individual who is invalided from service on account of a disability which is attributable to or aggravated by military service and is assessed at 20% or over." Since the disability of the petitioner was re-assessed at less than 20% (i.e. 11-14%) in every Medical Board of doctors, the disability pension was accordingly discontinued.
(3.) The disability pension of the petitioner has been discontinued strictly in conformity with the procedure prescribed under the Army Rules and no fault can be found with the impugned order.;