Mohinder Pal, J. - (1.) BRIEF facts of the case are that the petitioner was enrolled in the Indian Army on October 16, 1984 in Corps of Engineers. On March 25, 1998, he was posted in a field area in Jammu & Kashmir and while performing duties at insurgency prone area, sustained injuries due to IED blast generated by the suspected anti -national elements/terrorists. He was treated as a case of Pott's fracture left ankle and was subsequently placed in low medical category (BEE Permanent). The Government treated the operation of the petitioner's Unit as a Full -fledged War. The petitioner was known as a case of Battle Casualty. He was operated for his injury on left ankle and a rod was inserted. It has been averred in the petition that disability of the petitioner was assessed at over 50% by the Medical Board. After the operation, the petitioner found it difficult to do his duties efficiently and gave his unwillingness for two years' extension in service. A Release Medical Board was ordered and the petitioner was recommended to be discharged from the Army. He was discharged from the Army on October 31, 2004 after rendering service of 20 years and 16 days. However, percentage of disability of the petitioner was reduced to 20%. He is getting service pension as well as disability pension at the rate of 20 %.
(2.) THE claim of the petitioner is that even though percentage of his disability is considered 20%, yet he is entitled be paid disability pension at the rate of 50% in view of the letter dated February 03, 2000 (Annexure P -1) issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Pension & Pensioners' Welfare, New Delhi. The petitioner has also claimed that he is entitled to Disability Benefit Cover under the Army Group Insurance Fund for his disability. The claim of the petitioner has been contested by the respondents mainly on the ground that rounding off disability under the provisions of Para 7.2 of Government of India, Ministry of Defence, New Delhi letter No. 1 (2)/97/D (Pen -C) dated January 31, 2001 is applicable to the individuals who were invalidated out of service on medical grounds. As the petitioner was discharged on completion of terms of engagement and not invalidated out from service, the relief sought for by him cannot be granted to him. It has been further averred that the petitioner is not entitled to Disability Benefit Cover under the Army Group Insurance Fund as he was discharged from service.
(3.) IT has also been pleaded that this Court has no territorial jurisdiction to adjudicate upon the matter. In the replication filed by the petitioner, the averments made in the writ petition have been reiterated besides pleading that he is being paid service pension and disability pension in the State of Punjab and, thus, the cause of action regarding grant of pension/full pension occurs to him at the place where he is being paid the pension. As such, this Court has territorial jurisdiction to entertain the writ petition.;