Ex. S.G.T. D.S. Tyagi v. Union Of India & Ors.

The present case received on transfer from High Court.

Heard Id. Counsel for petitioner.

We have found that in this case petitioner was discharged on account of injuries on right hand which virtually resulted in total loss of mobility of right hand and incumbent was assessed to disability of 50%. After going through the record, we have found that it is almost amputation below elbow stump exceeding 5 inches of the right hand which could be assessed to the compensation of 70%. We have been informed by the respondents that petitioner is already getting 75% disability pension. He further submits that in case of disability to the extent of 50% then incumbent should get 75% disability pension. In the present case, the petitioner is already getting 75% disability pension as given in appendix 1 of chapter 7 of the Guide to Medical Officer Scale of Assessment for specific injuries. If petitioner is already getting 75% disability pension, we do not need to interfere with this petition. Accordingly, petition is dismissed. No order as to costs.