Arjun Singh Vs. Union of India and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1117292
CourtArmed forces Tribunal AFT Regional Bench Jaipur
Decided OnJan-11-2010
Case NumberTransfer Application No.110 OF 2010
JudgeBHANWAROO KHAN(J) & THE HONOURABLE LT. GEN SUSHEEL GUPTA (A)
AppellantArjun Singh
RespondentUnion of India and Others
Excerpt:
[bhanwaroo khan, j] 1. the applicant arjun singh, who was enrolled in the indian army on 9th december,1967 and was discharged from service on 30th december, 1983, initially filed a writ petition before the rajasthan high court, bench at jaipur for grant of disability pension but after coming into existence of this tribunal, the writ petition was transferred to this tribunal vide order dated 09.11.2009 for disposal and the same has been treated as a transfer application. 2. the admitted facts of this case are: that the applicant was enrolled in the indian army on 9th december, 1967 and was discharged from service on 30th december, 1983 under army rule 13(3)iii(v) due to low medical category. the invaliding medical board assessed the disability of the applicant at 20% for two years, attributable to military service. thereafter, the applicant was subjected to resurvey medical board on 25.9.1985, which also assessed his disability at 20% for two years, attributable to military service. finally, the applicant was subjected to resurvey medical board held on 10.11.1987, which assessed his disability at nil, as such, his disability pension was stopped. however, the applicant preferred an appeal in the year 2006 and the competent authority condoned the delay of 18 years and ordered for holding a resurvey medical board, which was held on 11.5.1987 and the resurvey medical board assessed the disability of the applicant at 20% for life. accordingly, the applicant was granted disability pension with effect from 11.5.1987. now, by this application, the applicant is claiming disability pension for the intervening period from 20.9.1987 to 11.5.2007. 3. a reply to the application was filed on behalf of the non-applicants pleading therein that the applicant himself has chosen to approach the concerned authority after the lapse of 18 years and so, from 20.9.1987 to 11.5.2007, no disability pension can be granted to the applicant as the applicant himself slept over the matter for about 18 years. 4. there is no dispute about the facts that the disability of the applicant was assessed at 20% and that too, aggravated by his military service. it is true that the resurvey medical board held in the year 1987 assessed the disability of the applicant at nil and that opinion of the resurvey medical board was challenged by the applicant by way of filing an appeal in the year 2006 but the competent authority admitted the appeal of the applicant after condoning the delay of 18 years. in this view of the matter, the appeal preferred by the applicant in the year 2006 shall be considered to be against the resurvey medical board held in the year 1987. since the appeal medical board has assessed the disability of the applicant at 20% for life, the opinion expressed by the resurvey medical board held in the year 1987 will not remain in existence and the opinion expressed by the appeal medical board held in the year 2007 will prevail over that. as stated above, the applicant has already been granted disability pension with effect from 11.5.2007. hence, in the light of the opinion expressed by the appeal medical board held in the year 2007, the applicant shall be entitled to receive disability pension with effect from 25.9.1987 to 11.5.2007. thus, to this extent, this application of the applicant deserves to be accepted. 5. resultantly, this application is allowed and the non-applicants are directed to grant disability pension to the applicant with effect from 25.9.1987 to 11.5.2007 with interest at the rate of 6% per annum. the arrears of the disability pension be paid to the applicant within a period of three months from the date of this order. 6. in the facts and circumstances of this case, the parties are left to bear their own costs of this application.
Judgment:

[Bhanwaroo Khan, J]

1. The applicant Arjun Singh, who was enrolled in the Indian Army on 9th December,1967 and was discharged from service on 30th December, 1983, initially filed a writ petition before the Rajasthan High Court, Bench at Jaipur for grant of disability pension but after coming into existence of this Tribunal, the writ petition was transferred to this Tribunal vide order dated 09.11.2009 for disposal and the same has been treated as a Transfer Application.

2. The admitted facts of this case are: that the applicant was enrolled in the Indian Army on 9th December, 1967 and was discharged from service on 30th December, 1983 under Army Rule 13(3)III(v) due to low medical category. The Invaliding Medical Board assessed the disability of the applicant at 20% for two years, attributable to military service. Thereafter, the applicant was subjected to Resurvey Medical Board on 25.9.1985, which also assessed his disability at 20% for two years, attributable to military service. Finally, the applicant was subjected to Resurvey Medical Board held on 10.11.1987, which assessed his disability at Nil, as such, his disability pension was stopped. However, the applicant preferred an appeal in the year 2006 and the competent authority condoned the delay of 18 years and ordered for holding a Resurvey Medical Board, which was held on 11.5.1987 and the Resurvey Medical Board assessed the disability of the applicant at 20% for life. Accordingly, the applicant was granted disability pension with effect from 11.5.1987. Now, by this application, the applicant is claiming disability pension for the intervening period from 20.9.1987 to 11.5.2007.

3. A reply to the application was filed on behalf of the non-applicants pleading therein that the applicant himself has chosen to approach the concerned authority after the lapse of 18 years and so, from 20.9.1987 to 11.5.2007, no disability pension can be granted to the applicant as the applicant himself slept over the matter for about 18 years.

4. There is no dispute about the facts that the disability of the applicant was assessed at 20% and that too, aggravated by his military service. It is true that the Resurvey Medical Board held in the year 1987 assessed the disability of the applicant at Nil and that opinion of the Resurvey Medical Board was challenged by the applicant by way of filing an appeal in the year 2006 but the competent authority admitted the appeal of the applicant after condoning the delay of 18 years. In this view of the matter, the appeal preferred by the applicant in the year 2006 shall be considered to be against the Resurvey Medical Board held in the year 1987. Since the appeal medical board has assessed the disability of the applicant at 20% for life, the opinion expressed by the Resurvey Medical Board held in the year 1987 will not remain in existence and the opinion expressed by the appeal medical board held in the year 2007 will prevail over that. As stated above, the applicant has already been granted disability pension with effect from 11.5.2007. Hence, in the light of the opinion expressed by the appeal medical board held in the year 2007, the applicant shall be entitled to receive disability pension with effect from 25.9.1987 to 11.5.2007. Thus, to this extent, this application of the applicant deserves to be accepted.

5. Resultantly, this application is allowed and the non-applicants are directed to grant disability pension to the applicant with effect from 25.9.1987 to 11.5.2007 with interest at the rate of 6% per annum. The arrears of the disability pension be paid to the applicant within a period of three months from the date of this order.

6. In the facts and circumstances of this case, the parties are left to bear their own costs of this application.