1. Plaintiff is appellant against dismissal of the suit relating to enhancement of pension and payment of arrears.
2. Plaintiff was a doctor in provincial service. He was recruited to military service and was a Subedar. While he was in military service, he was posted in the field in the Second World War. By enemy shelling, he sustained injury for which one of his legs was amputated. He was taken as a prisoner of war. Later he was rescued. Thereafter, in the year 1946, the nature of disability was examined by medical board which found that he was disabled to the extent of 80 per cent. Central Government being of the opinion that the disability is 70 per cent but military service was less than ten years for which he was not entitled any pension. However, he was granted pension of above Rs. 3 and less than Rs. 30 (sic) per month since plaintiff was disabled in course of military service on account of amputation of his leg. After being discharged from military service, plaintiff was appointed by the State Government of Orissa as a Sub-Assistant Surgeon. Plaintiff claims that he is entitled to Rs. 93 as pension and arrear pension at that rate. This not having been accepted by the Central Government, suit has been filed.
3. Section 4 of the Pension Act, 1861, reads as follows:
“4. Bar of suits relating to pensions. — Except as hereinafter provided, no civil Court shall entertain any suit relating to any pension or grant of money or land-revenue conferred or made by the Government or by any former Government, whatever may have been the consideration for any such pension or grant, and whatever may have been the nature of the payment, claim or right for which such pension or grant may have been substituted.”
Thus, the suit relating to pension is not entertainable in view of S. 4 of the Act.
4. Section 6 indicates some circumstances where civil Court can take cognizance of matters as indicated therein. The matter to be taken cognizance requires a certificate from the Collector or the officer authorised as provided under S. 5. Sections 5 and 6 of the Act read as follows:
“5. Claims to be made to Collector or other authorised officer. — Any person having a claim relating to any such pension or grant may prefer such claim to the Collector of the District or Deputy Commissioner or other officer authorised in this behalf by the appropriate Government, and such Collector, Deputy Commissioner or other officer shall dispose of such claim in accordance with such rules as the Chief Revenue authority may, subject to the general control of the appropriate Government from time to time, prescribe in this behalf.
6. Civil Court empowered to take cognizance of such claims. — A civil Court, otherwise competent to try the same, shall take cognizance of any such claim upon receiving a certificate from such Collector, Deputy Commissioner or other officer authorised in that behalf that the case may be so tried, but shall not make any order or decree in any suit whatever by which the liability of Government to pay any such pension or grant as aforesaid is affected directly or indirectly.”
There is no certificate produced in this case.
5. In result, the suit is dismissed as not entertainable and the appeal is dismissed accordingly. There shall be no order as to costs.