1. Affidavit of compliance filed by respondents is taken on record.
2. Heard Shri VP Pandey, learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the respondents.
3. Learned counsel for the applicant submitted that applicant had filed the O.A. for the grant of disability pension which was allowed and respondents were directed to pay disability pension to applicant @ 50% for two years and to hold Re-survey Medical Board (RSMB) to assess further disability of the applicant, if any. Accordingly RSMB was held and applicant's disability being found to be continued, PPO was issued which included disability element only, whereas applicant is entitled to service element also. He further submitted that disability pension includes both service element as well as disability element.
4. Per contra, learned counsel for the respondents submitted that applicant's claim for the grant of service element is not maintainable on account of him being discharged on his own request, and not on medical reasons. He further submitted that in view of directions contained in the judgment, applicant had filed petition for the grant of service pension and the same being not permissible due to short fall in minimum qualifying service the same was turned down.
5. Thus, he submitted that order stood complied with.
6. We have gone through the order under execution and we find that applicant has not been held to be discharged on his own request, rather he has been held to be invalided out due to disability and, therefore, has been held entitled to get disability pension which includes both service element and disability element.
7. Admittedly, PPO filed by the respondents alongwith compliance affidavit speaks about disability element only. Therefore, respondents are directed to issue corrigendum PPO, including therein service element also, within four weeks from today and to file affidavit of compliance.
8. List on 25.03.2021.
9. Let copy of order be issued to counsel for the respondents today to ensure compliance of the order.