1. The petitioner has been denied the disability pension on the ground that the petitioner's disability was 15-19% at the time of his discharge from service on 01.06.1998. The stand has been rejected by the Hon'ble High Court in the case of Mahavir Singh Narwal v. Union of India reported in [111 (2004) DLT 550] which has been upheld by the Hon'ble Supreme Court.
2. Now, it is clear in view of the Government of India letter dated 31.01.2001 that persons having disability less than 50% shall be entitled to rounding off of the disability pension to 50%. The respondents contention that this applies to the cases where the disability is 20% and above. Such argument has been rejected by us in a number of cases and no contrary order has been shown in any of the case. Therefore, we are recording the contention of the respondents for rejecting it.
3. It will be pertinent to mention that Medical Board found that the disability is due to stress and strains of the petitioner's military service. In this fact situation and position of law, the petitioner's OA is allowed. It is held that the petitioner is entitled to disability pension @ 50%. Since, the petitioner approached the Tribunal after inordinate delay, the petitioner is entitled to arrears of disability pension of last three years only from the date of filing this OA which was filed on 03.05.2011. The petitioner shall be entitled to interest over the arrears @ 9% per annum. Orders be implemented within three months from the date of receipt of a copy of this order.
4. Learned counsel for the respondents orally prayed for grant of leave to appeal to challenge this order before the Hon'ble Supreme Court. We are of the considered opinion that no question of law of public importance is involved. Hence, the oral prayer for grant of leave to appeal is rejected.