- (1.) This writ petition has been filed for issuance of a direction to the respondents to grant disability pension to the petitioner w.e.f. 21.8.1974 with all 'consequential benefits'. Alternatively, the petitioner has sought a direction to grant him service element of disability from the aforesaid date for life, with the consequential reliefs in accordance with circular bearing No. A.I. No. 4/s/75. The petitioner has sought yet another direction that the afore-stated army instructions/circular should be made applicable to all the pensioners instead of confining its scope qua those only who retired on or after 1.1.1973.
(2.) Shorn of details, it may be mentioned that the petitioner served the Indian Army from 23.1.1969 to 23.9.1972. He was discharged on medical grounds on being categorised "EEE". The petitioner was granted the disability pension consisting of both the elements, i.e., 'disability pension' from the date of his discharge plus 'service element' and he continued to draw the same till 20.8.1974. The petitioner, who was apparently suffering from some kind of mental disorder, was brought before the Re-survey Medical Board at Medical Hospital, Jalandhar Cantt. Thereafter, the petitioner's pension was stopped. Since the petitioner was not given either the 'disability pension' or pension for the 'service element' rendered by him, he represented to the authorities concerned. However, finding no positive response, he has approached this Court.
(3.) The respondents have contested the petitioner's claim on the ground that he is not entitled to any 'disability pension' nor to the 'service element' as his disability, upon re-assessment was found to be less than 20% and he had only three years and 245 days service to his credit which is less than the required service of five years. It is averred that at the time of his discharge, the petitioner was granted temporary disability pension upto 20.8.1974 and upon his re-survey medical board conducted on 31.8.1974, he was not found eligible for 'service element' of disability pension for life.;