09.02.2016 Short grievance of the petitioner is that he sought resignation from service on compassionate ground on 08.01.2007 after completion of more than 8 years. His resignation was accepted on 07.04.2007. At the time of his release he was found to be suffering from 30% disability attributable to military service. His claim for disability pension has been rejected on the ground that he is not entitled to receive disability pension on account of his resignation.
2. In this behalf the respondents have placed on record the Government policy dated 22.11.2001. In terms of the policy it is conveyed that no pension is entitled to an officer leaving the Army before he becomes eligible for pension/gratuity. When an officer seeks to resign voluntarily, irrespective of the length of service he is required to forfeit his gratuity/pension. Therefore, he is not entitled to disability pension. The argument per se seems to be misconceived. Disability pension is granted to a person who has suffered disability attributable to service during the course of his service in the Army.
3. The object of giving disability pension is to compensate the person, who has suffered disability, after he leaves the service. It has no nexus with normal pension. A person is entitled to pension when he completes his pensionable service. Moreover, this issue is no longer res integra, in view of the decision of Mahavir Singh Narwal Vs. Union of India and Anr. decided on 05.05.2014 2005 (1) SLJ 133 Delhi. Same judgment has been relied upon by the Regional Bench at Chandimandir in Kamikkar Singh Vs. Union of India in OA 67/2014. The co-ordinate Bench of this Tribunal has observed as under: In the Fourth Instance, the denial in Sep 2013 is based on the ground that no pension is admissible on resignation. The issue regarding grant of disability pension to those who resign on compassionate grounds had at this point of time already been settled in the case of Mahavir Singh Narwal in 2012 ( supra as brought out in para 6.
4. The Tribunal has relied upon the para 6 of the case Mahavir Singh Narwal Vs. Union of India which is reproduced herein below: On careful perusal of the aforesaid rule it is manifestly clear that invalidated from service is necessary condition for grant of disability pension. What has to be seen for entitlement for disability pension is whether an individual at the time of his release was in a low medical category than that in which he was recruited. If it was so, then such person will be treated as invalidated from service.
5. In view of this, we allow the petition and direct the respondents that the disability pension be paid to the petitioner from the date of his retirement i.e. from 07.04.2007 but he will be given arrears only for the last three years from the date of his application. In terms of the judgment dated 10.12.2014 of the apex court in Civil Appeal No.418 of 2012 UOI Vs. Ram Avtar, the petitioner will be entitled to rounding off upto 50% along with interest of 8% per annum. Let this process be completed within a period of three months from today.
6. Learned counsel for the respondents has made an oral request for grant of leave to appeal before the Honble Supreme Court. We find no substantial question of law of general public importance involved in the matter. Hence, the request for leave to appeal before the Honble apex court is rejected. No order as to costs. ( SUNIL HALI ) MEMBER ( J.N.BURMA ) MEMBER 09/02/2016/brh