Heard the learned counsel for the parties.
The husband of the petitioner was enrolled in the Army on 08.12.1942 He was discharged from the Army w.e.f 10.7.1944 He was placed in lower medical category and was granted disability pension and this disability pension was discontinued from 16.07.1951 It appears that the husband of the petitioner approached the respondents in the year 1987 for grant of disability pension which was rejected vide order dated 03.04.1987 on the ground that disability has been assessed less than 20%. The petitioner approached the respondents for grant of service element of disability pension. But the respondents, vide letter dated 27.06.2005, informed the petitioner to send life time arrear certificate in respect of her late husband.
The contention of the learned counsel for the petitioner is that in view of the judgment of Hon'ble Delhi High Court in the case of Ex. Sep. Chajju Ram v. Union of India, 2001 (1) FLJ-568, the petitioner is entitled for grant of service element of disability pension. The petitioner has sought the relief in terms of the judgment of the Hon'ble Delhi High Court (Supra).
It has been held by Hon'ble Delhi High Court in the case of Ex. Sep. Chajju Ram (supra) that in view of the amended regulation 186 read with regulation 173 of the Pension Regulations of the Army, the benefit of service element of the pension would be available to all persons who had been invalidated out of service irrespective of the date of invalidation but the benefits would be available only prospectively. The aforesaid judgment of Hon'ble Delhi High Court was upheld by Hon'ble Apex Court, vide its judgment dated 23.02.2012 The Hon'ble Apex Court disposed off all the appeals in terms of the amendment having been effected in the afore mentioned regulations for granting service element of disability pension to all pre 1973 cases w.e.f 01.01.1973 The aforesaid judgment has been followed by this Tribunal also in O.A No. 197/2010-Smt. Smt. Tanwar Kanwar Applicant; v. Union Of India & Others , decided on 31.08.2010
In view of the judgment of Hon'ble Delhi High Court in the case of Ex. Sep. Chajju Ram (supra) and affirmed by the Hon'ble Apex Court, a direction is issued to the respondents that service element of disability pension will be released to the petitioner preceding three years from the date of filing of the present application i.e 07.02.2013 Arrears of service element of disability pension may be worked out and the same be paid to the petitioner forthwith along with interest @ 12% per annum as per rules applicable to the petitioner. Let the process be completed within six weeks from today. No order as to costs.
The petition is disposed off accordingly.