- (1.) This writ petition has been a filed by Ex Havaldar Birda Ram, with the prayer that the order dated 21st September, 1995 be quashed and the respondents be directed to grant him the disability benefits at the half of the life insurance cover to the tune of Rs. 37,500/- with interest @ 24% P.a. and clause (1) (i) of Annexure 11 and Para 1(a) of communication-cum- order dated 19-11-1985 be declared illegal and quashed.
(2.) According to the petitioner, he was enrolled in the Indian Army on 30th September, 1963 and was allotted to the Intelligence Corps. Every member of the armed forces is covered by the risk under the Army Group Insurance Scheme (for short "the A.G.I.S."). In the event of any untoward incident or happenings in that if an army personnel is met with any accident resulting into either death or disability, he is entitled to receive the benefit of insurance claim provided under the said scheme. He being a member of A.G.I.S., monthly premium was deducted from his salary as contribution towards the said policy. Although the A.G.I.S. is a society registered under the Societies Registration Act but it is fully controlled by the regular officers of the Indian Army.
(3.) While serving the respondents, the petitioner was reported sick. When he was subjected to examination by medical officer at the Base Hospital, Delhi, he was found to be suffering from Ankylosing, Ankylosing Spondylitis and was eventually placed in medical category CEE (P). He was then transferred to pension establishment on completion of 24 years service in September, 1987 with his disability assessed at 50% and accordingly discharged from service with medical pension @ Rs. 225/- per month. At the time of discharge, he was granted honorary rank of Naik Subedar in the month of September, 1987 itself. It is submitted that petitioner was entitled to disability benefits under the A.G.I.S. to the tune of 50% of the insured amount. The insurance coverage being of Rs. 75,000/- he was therefore, entitled to receive Rs. 37,500/-.;