TA 164 of 2012 (Arising out of CWP 12580 of 1998). Case: Bhim Singh Vs Union of India. Armed Forces Tribunal
| Case Number | TA 164 of 2012 (Arising out of CWP 12580 of 1998) |
| Counsel | For Appellant: Mr. Navdeep Singh, Advocate and For Respondents: Mr. Vibhor Bansal, GGC |
| Judges | Prakash Krishna, J. (Member (J)) and Air Marshal (Retd.) S.C. Mukul, Member (Ad.) |
| Issue | Constitution of India - Articles 226, 227 |
| Judgement Date | February 21, 2014 |
| Court | Armed Forces Tribunal |
Order:
(Regional Bench At Chandimandir)
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The file of the above case has been received by transfer from Punjab and Haryana High Court, transferring the record of CWP No. 12580 of 1998, to the Armed Forces Tribunal, Chandigarh.
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Bhim Singh (now deceased) filed the above mentioned writ petition on the allegations that he was enrolled in the Army on 24.3.62 was promoted as Naib Subedar in March, 1978, was commissioned as an SL Officer on 27.7.81 and was promoted as Major on 27.7.94 vide Gazette Notification dated 1.5.1995. He retired as Major on 30.11.95 and pension was fixed in the rank of Major.
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The petitioner claims that he got three kinds of injuries during the service which were attributable to and aggravated by Army service. The Release Medical Board was held on 31.3.95 prior to his release from service and found the following diseases:-
(1) Primary Hypertension aggravated 30%
(2) IHD aggravated 30%
(3) Obesity neither attributable nor aggravated 15-19%
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The Release Medical Board assessed the IDs at 50% for two years composite. Being dis-satisfied with the findings of the Release Medical Board, the petitioner carried the matter in appeal with regard to non-grant of disability pension qua obesity. The appeal met the same fate and was dismissed by the Government of India and was communicated vide order dated 21.6.96. The petitioner again represented the matter in the month of December, 1996. Thereafter he filed the present writ petition wherein the petitioner has claimed quashing of the impugned orders dismissing the appeals Annexures P-2 and P-3 as Relief No. 1.
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At the very out set, learned counsel for the petitioner, Sh. Navdeep Singh, stated that he does not want to press the aforesaid relief. In view of the above stand, the petition so far as relief No. 1 is concerned, stands dismissed as not pressed.
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The other relief claimed is a writ of mandamus directing the respondents to release the arrears of pension to the petitioner in the rank of Major. The petitioner claims that he was given the rank of Major on 27.7.94 and retired as Major on 30.11.95. In para 10 of the writ petition, it has been pleaded that the petitioner was shocked to receive a corrigendum PPO (Pension Payment Order) reducing the rank of the petitioner from Major to Captain and consequently also reducing his pay and pension to the rank of Captain and further made an order of recovery of the said amount from the petitioner. A true copy of the said corrigendum PPO has been attached as Annexure P-2. The petitioner has sought a writ of mandamus directing the respondents to pay him pension as admissible to the rank of Major.
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In reply, the respondents have come out with the case that as per policy prevalent for granting promotion to the rank of Major, the petitioner was required to pass Examination known as Part 'D' Examination which the petitioner admittedly did not pass. Under the policy known as "Promotion Examinations Parts A and B" filed as Annexure R-1, such examination was necessarily required to be cleared before grant of Rank of Major. In this connection, reliance has been placed on a letter dated 14.11.95 wherein name of the petitioner finds at Serial No. (a). It was detected that the officers whose names find in the letter, have been granted promotion to the substantive rank of Major with the presumption that they belong to SL category(EMAE/SA) (exemption category) which makes them eligible for exemption from passing of promotion examination Part 'D', under the existing instructions. Since the petitioner had not passed the Part 'D' examination, substantive rank of Major granted to the petitioner was de-notified vide corrigendum notification dated 27.1.1996. The name of the petitioner was deleted from the Gazette Notification of Government of India dated 12.8.95 under the heading "Regular Army" Permanent Commission and sub-heading Captain to be Major vide Draft Gazette Notification No. 37569/JUL 94/MS/8C dated 14.11.95. In this view of the matter, petitioner's pay was reverted to Captain w.e.f. 27.7.94. As a result of reduction in the rank of Captain, the recovery for the excess payment made for Major's rank amounting to Rs. 6785/- was recovered from the petitioner's pay account for the month of January, 1996. The petitioner was duly informed of reduction of rank vide letter dated 27.1.1996.
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Heard Sh. Navdeep Singh, learned counsel for the petitioner and Sh. Vibhor Bansal, learned CGC for the respondents. Learned counsel for the petitioner submits that there is no dispute that the petitioner was given the rank of Major on 27.7.94. A Gazette Notification in this regard was also issued by the Government of India. He having retired on 30.11.95, subsequently a corrigendum PPO was issued reducing the rank of the petitioner to Captain which was not permissible under...
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