TA 147 of 2011 (Arising out of CWP 1251 of 1994). Case: Malah Singh Vs Union of India. Armed Forces Tribunal
|TA 147 of 2011 (Arising out of CWP 1251 of 1994)
|For Appellant: Mr. Surinder Sheoran, Advocate and For Respondents: Mr. Vibhor Bansal, CGC for Dr. Urmil Gupta, CGC
|Prakash Krishna, Member (J) and Air Marshal (Retd.) S.C. Mukul, Member (Ad.)
|Armed Forces Tribunal Act 2007 - Sections 22, 22(2), 22(a); Constitution of India - Articles 226, 32; Limitation Act, 1963 - Section 5
|February 18, 2014
|Armed Forces Tribunal
(Regional Bench At Chandimandir)
This petition came to be transferred from High Court of Punjab & Haryana at Chandigarh and registered as TA No. 147 of 2011. By this petition the petitioner prays for issuance of a writ in the nature of certiorari quashing the impugned order dated September 1993 Annexure P-1 vide which the claim for grant of disability pension has been rejected by the Defence Pension Liaison Cell, Allahabad.
The brief facts of the case are that the petitioner was enrolled in the Army as Sepoy on 11.1.1935 and was promoted to the rank of JCO on 25.11.1945, Thereafter he was commissioned in the Army on 12.8.1948 and appointed ante dated w.e.f. 12.8.1946 vide Govt. of India order dated 19.5.1959. Thereafter he was promoted as Captain on 12.8.1954 and retired on 1.2.1966 with service pension. During service the petitioner was placed in LMC 'C' (P) due to disability 'CHOROIDO RETINITIS' Left eye by the Medical Board held at Calcutta on 10th June, 1950 on return from J & K. The Review Medical Board at MH Jalandhar Cantt on 8.10.1957 re-categorised the petitioner in permanent medical category CEE for the above named disability to his left eye. At a later date, in 1964 the petitioner suffered leg injury while he was posted at Rohtak and was treated at MH Delhi Cantt. After treatment he was declared fully fit (Category 'A') with respect to the leg injury, however, his earlier categorisation in respect to eye disease was not changed. The Annual Medical Examination report dated 14.01.1965, submitted by Capt BC Dass Gupta indicated medical category 'CEE' (permanent). However, at the time of retirement on 12.02.1966 no medical board was held and as a consequence the disability was not assessed for attributability and extent of disablement resulting in denial of any disability pension. His subsequent representation for grant of disability pension was rejected as the respondents were of the opinion that there was no evidence showing his low medical category. Aggrieved the petitioner filed a writ in the High Court which was dismissed by the Division Bench vide order dated 28th September, 1994. However, based on the review application the case was restored to its original number, transferred and registered as TA No. 147 of 2011 at the AFT. The petitioner expired on 09.08.1996 now the LRs have been impleaded.
As per the averments of the petitioner he was injured on 4.8.1946 on the face and left eye due to enemy firing when he was fighting against the Pakistan. After treatment he was placed in LMC 'C' (P) due to disability 'CHOROIDO RETINITIS' Left eye in 1950 which was further re-categorised in the Review Medical Board at MH Jalandhar Cantt on 8.10.1957. The petitioner suffered leg injury in 1964 while he was posted at Rohtak and was treated at MH Delhi Cantt. After treatment he was found fully fit with respect to his leg injury (Category 'A'), however, his earlier categorisation in respect of eye disease remained unchanged.
It is further averred that while being posted to NCC unit in Rohtak, when he was on leave, the petitioner received a telegram from the Army HQ informing about his retirement along with 300 Major and Captain. This action was necessitated due to some confusion in the retirement age which was required to be raised to 50 years. In early 1966 a letter from review medical board was received by the officers of Unit NCC Battalion but the medical could not be conducted as he was on annual leave. The petitioner joined his duties after finishing his leave and getting a letter from the Army HQ regarding the retirement age but he was told that he cannot continue service and therefore, he decided to take retirement at that juncture. When the petitioner was retired from the Army on 1.2.1966 no medical board was held. The petitioner was under the impression that he would automatically be granted disability pension because in his medical report his category was CEE (permanent). He was never asked by his Unit or Army HQ to produce himself before the medical review board. When the disability pension was not released to him, he started making representation to the Ministry of Defence. His case was forwarded to CDA(P) Allahabad but no fruitful purpose was...
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