BY THE TRIBUNAL:(BHANWAROO KHAN,J.)
1. The brief facts leading to this application are:
thatthe applicant was enrolled in the Indian Army on 23.5.1957 and was discharged from service with effect from 31.5.1985 after completion of the term of his engagement under Rule 13(3)I(i)(a) of the Army Rules. At the time of his discharge, he was subjected to Release Medical Board, which assessed his disability at 40% for two years, aggravated by service. Thus, the applicant was granted 40% disability pension of the rank of Naik. According to the applicant, since at the time the applicant was subjected to Release Medical Board, he was holding the rank of Subedar, he should have been granted pension of the rank of Subedar with effect from 1.6.1985.
2. The non-applicants filed a detailed reply to the application and have submitted that the applicant was placed in low medical category in July 1966 for cervical sypondolysis temporarily for six months and thereafter, he was upgraded to medical category AYE and also earned three promotions thereafter and served in field and even participated in Indo-Pak War 1971. He was again placed in low medical category BEE (P) in 1984 and was discharged from service on 31.5.1985. It was submitted that since for the first time, the applicant was placed in low medical category in July 1966 when he was holding the rank of Naik, he has been rightly granted pension of the rank of Naik.
3. We have heard Mr. Pyarelal, the learned counsel for the applicant, Mr. Ajay Shukla, the learned counsel for the non-applicants and Col Veerendra Mohan, OIC Legal for the non-applicants and have carefully gone through the record of the case.
4. The question which crops up for our consideration is as to which rank, the applicant should have been granted disability pension. Admittedly, for the first time, the applicant was placed in low medical category in July 1966 and at that time, he was holding the rank of Naik. He was discharged from service on 31.5.1985 in low medical category after completion of the term of his engagement. The Release Medical Board assessed his disability at 40% for two years, aggravated by service. Thereafter, the applicant performed his all duties and also rose to the rank of Subedar. Thus, it can safely be inferred that he became cured from the said disease from which he suffered in the year 1966 and thereafter, performed his all duties and rose to the rank of Subedar. Thereafter, he again suffered from the same disease in the year 1979 and was placed in low medical category. Therefore, his first removal from performance of duties will be from the year 1979 and at that time, he was holding the rank of Subedar. In this view of the matter, the applicant should have been granted disability pension of the rank of Subedar. To this extent, this application deserves to be allowed.
5. Resultantly, this application is allowed. The non-applicants are directed to grant disability pension of the rank of Subedar to the applicant with effect from 1.6.1985 onwards. The applicant is already in receipt of disability pension of the rank of Naik. The arrears regarding difference of disability pension of the rank of Subedar and Naik be paid to the applicant within a period of three months from today, with interest at the rate of 8% per annum.
6. In the facts and circumstances of the case, the parties are left to bear their own costs of this application.