- (1.) The petitioner was enrolled in the Army Ordnance Corps on July 28, 1965, as Rect./Clerk. He was invalidated out from this service with effect from November 04, 1966 with 100 per cent disability due to Pleural Effusion (right side) on the recommendation of the Medical Board. According to the petitioner, the disability of the petitioner was attributable to and aggravated by the Army service. The petitioner was granted disability pension, consisting of disability element and service element. The petitioner was brought before Re-Survey Medical Board (hereinafter referred to as 'R.S.M.B) for seven time. His disability was re-assessed from time to time and it was found more than 20 per cent. However, in the year 1985, when he was brought before the R.S.M.B for the eighth time, his disability was assessed at zero per cent. As a result thereof, disability pension, consisting of both the elements i.e service and disability element, of the petitioner was discontinued with effect from August 08, 1985. Against the order whereby disability pension of the petitioner was discontinued, he went in appeal. It was rejected.
(2.) The question involved in this writ petition filed under Articles 226/227 of the Constitution of India is whether the petitioner is entitled to get service element of pension after the benefit of disability pension was withdrawn from him on reassessment of disability at zero percent.
(3.) In the written statement filed by the respondents, it has been pleaded that disability pension to the petitioner was rejected on August 08, 1995 and the appeal preferred by him against the order discontinuing his disability pension was dismissed on September 27, 1986. However, the present writ petition, which has been filed after 20 years of rejection of the appeal, is liable to be rejected on account of delay and latches. So far as service element of pension is concerned, it has been pleaded that as per the law existing at the time of discharge of the petitioner from Army, it was admissible only to those pensioners who had rendered minimum ten years' service. Once the disability element is discontinued, service element will also be discontinued.;