T.A. No. 20 of 2009. Case: A.L. Jacob Vs Officer I/C. Artillary Records, Controller of Defence Accounts (Pension) and Union of India (UOI) represented by The Secretary Ministry of Defence. Armed Forces Tribunal

Case NumberT.A. No. 20 of 2009
CounselFor Appellant: M. Rajagopalan Nair, Adv. and For Respondents: Thomas Mathew Nellimoottil, Sr. Adv.
JudgesK. Padmanabhan Nair, J. (J) and Thomas Mathew (A), Members
Judgement DateJune 14, 2010
CourtArmed Forces Tribunal


Padmanabhan Nair, J. (Member (J)), (Regional Bench, Kochi)

  1. Petitioner, who is an ex-service man, is challenging Ext.P1 order by which the disability element of disability pension was stopped. Petitioner enrolled in the Army on 11.7.1960. He sustained an injury on 10.10.1968 while playing Volley Ball during game parade. He was treated for 'Compression Fracture LT effect of'. He was placed in the low medical category with effect from 29.5.1969 and subsequently he was placed in category 'BEE Permanent'. Petitioner was discharged on medical grounds on 23.5.1972 after completing 11 years and 10 months service. The disability was assessed at 20% and the petitioner was granted disability pension. He was drawing both service element and disability element of disability pension until 1977. The disability element of the pension was discontinued from October, 1977. According to the petitioner, he was not informed about that fact and he came to know about the stoppage of the disability element only under Ext.P1 dated 31.8.1989. Petitioner filed an appeal. Subsequently, he approached the Defence Pension Adalat also. But, he was not granted disability element. Hence he filed Writ Petition (C) No. 16176 of 2004 before the Honourable High Court of Kerala, which was subsequently transferred to this Tribunal consequent to its formation.

  2. The respondents filed a counter affidavit contending that there is inordinate delay of 15 years in filing the Writ Petition. It was contended that disability pension was rejected on 15th July, 1989 and the Writ Petition was filed only in the year 2004 and on that ground alone, the petition is liable to be dismissed. It was also contended that the disability of the petitioner was re-assessed at less than 20% with effect from 17th October, 1977 by the Re-Survey Medical Board as well as Principal Controller of Defence Accounts (Pension). Since the disability was reassessed at less than 20%, petitioner is not entitled to get disability element. It is admitted that petitioner was enrolled in the Army on 11.7.1960. It is also admitted that while serving at HQ 211(1) Artillery Bde, petitioner fell down while playing volleyball and sustained an injury on 10th October, 1968. It is also admitted that petitioner was graded to low medical category BEE (Permanent) due to 'Compression Fracture LT Effect of'. It is also admitted that petitioner was discharged with effect from 24.5.1972 on medical grounds. It is admitted that...

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