The petitioner has been denied disability pension only on the ground that he had sought premature retirement which is apparent from the impugned order dated 28.08.2006. Hence, this OA 230/2014 has been filed.
2. The petitioner was enrolled in Army on 16.02.1983. While he was in service, he was placed in Low Medical Category CEE (T) and subsequently, placed in Low Medical Category CEE (P) with effect from 31.12.1990. He was retained in service in public interest with effect from 31.12.1990. Petitioner's medical case was reviewed again and he remained in Low Medical Category CEE (P) with effect from 13.06.1993 and after rendering 11 years, 02 months and 11 days service (including 79 days non-qualifying service). The petitioner since applied for pre-mature retirement vide his application dated 14.06.1993 he was granted pre-mature retirement. The respondents rejected the petitioner's disability pension claim only on the ground that he has been discharged at his own request on extreme compassionate grounds and therefore, the petitioner is not entitled to the disability pension.
3. This issue has been settled by the Hon'ble Supreme Court in the case of Mahavir Singh Narwal v. UOI
4. It is also pointed out that even the Government also issued directions not to contest such cases where the pension has been denied i.e. the disability pension only on the ground of discharge on their own request.
5. In view of the above reasons, this OA is allowed and it is held that the petitioner is entitled to disability pension. The petitioner was discharged from service long back on 14.06.1993 and has filed this OA on 03.05.2014. Therefore, the petitioner shall be entitled to arrears of only three years prior to May 2014 only. However, petitioner will be entitled to interest @12% per annum over the arrears. The OA is allowed accordingly.