IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16/12/2004
Coram
The Honourable Mr. Justice A.K.RAJAN
Writ Petition No.15804 of 2001
M.Jayaraman .. Petitioner
-Vs-
1. The Chief of the Army General,
Army Head Quarters,
New Delhi 110 011.
2. The Commanding Officer,
Madras Regimental Centre,
Wellington at Nilgiris,
Tamilnadu.
3. The Senior Record Officer,
Signals Records,
Jabbalpore,
Madyapradesh. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus as stated therein.
For petitioner:Mr. D.Govinda Reddy
For respondents:Mr.V.Balasubramanian
SCGSC
:O R D E R
The Writ Petition has been filed by the petitioner seeking for
Mandamus to direct the respondents to sanction and pay the disability pension
with effect from the discontinued dated 15.2.1976 immediately to the
petitioner.
2. The petitioner joined the Army as Sep.No.6326261 as Ex-Sigman in
the Regiment of Signals on 16.10.1965 and was rendering his continuous
unblemished service as a Cook U C1.III till 8.8.1970. Subsequently, he was
discharged from the service on the ground of medical invalidation. Since the
disability exceeded to 20%, which was aggravated due to military service, he
was given Rs.40/- towards temporary disability pension; it was increased
periodically and he was getting Rs.70/- per month when the pension was stopped
from 15.2.1976. Inspite of repeated requests by the petitioner, the said
pension was not continued to pay to him. However, the petitioner received a
communication stating that the disability arose not because of anything with
the action of army service and therefore, he was not eligible for disability
pension.
3. The learned counsel for the petitioner, after going through the
records, submits the contention of the respondents that the petitioner’s
disability was found less than 20% and the same was not caused owing to
military
service cannot be a ground for the purpose, much less, for discontinuing
disability pension to the petitioner. The authorities started paying the
disability pension only when the petitioner was found invalid during the
course of military service. In those circumstances, the disability pension
discontinued by the authorities, subsequently, without assigning any other
valid reason is not legally sustainable.
4. Heard the learned counsel appearing for the petitioner as well as
the learned Senior Counsel appearing for the respondents.
5. In consideration of the facts pleaded and upon hearing the
submissions made by the learned counsels, the fact that the disability arose
during the military service and also the payment of disability pension to the
petitioner remains undisputed. Hence, the discontinuation of such pension
subsequently for no other valid reason is not sustainable in law.
6. Therefore, the respondents are directed to pay the disability
pension from 15.2.1976 onwards, the entire arrears shall be calculated and
paid to the petitioner within a period of two months from the date of receipt
of copy of this order. The Writ petition is disposed of accordingly. No
costs.
Index: yes
Internet: yes
asvm
To
1. The Chief of the Army General,
Army Head Quarters,
New Delhi 110 011.
2. The Commanding Officer,
Madras Regimental Centre,
Wellington at Nilgiris,
Tamilnadu.
3. The Senior Record Officer,
Signals Records,
Jabbalpore,
Madyapradesh.