Ex Wo Hari Pal Singh v. Union Of India & Ors.

04.03.2016

1. The petitioner was discharged from service on completion of his tenure on 31.01.2000. The Release Medical Board found the petitioner suffering from Cervical Spondylosis and Hearing Loss, which occurred due to stress and strain of military service conditions. This was aggravated by military service. He was found entitled to 30% disability pension. According to learned counsel for the petitioner, in terms of the Government of India letter dated 31.01.2001 and also the judgment of the Apex Court dated 10.12.2014 in Civil Appeal No.418 of 2012 in Union of India & Ors. v. Ram Avtar, he is entitled to rounding off of the disability pension up to 50%. This contention is not contested by learned counsel for the respondents.

2. Therefore, the petitioner shall be given disability pension up to 50% from the date of his discharge, in the light of the Government of India letter dated 31.01.2001 and the judgment dated 10.12.2014 of the apex Court referred to above (supra). He shall be entitled to arrears only for the last 3 years from the date of filing of this application. Let this process be completed within three months from the date of passing of this order.

3. The O.A is disposed of accordingly. No order as to costs.

4. Learned counsel for the respondents made an oral request seeking 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 Supreme Court is rejected. ( AMAR SARAN ) MEMBER ( J.N.BURMA ) MEMBER 04/03/2016/mlb