Initially the disability pension was granted with effects of 1995 and there after it was stopped due to non conduct of medical board it was again started with effects of 2014 after conduct of re-survey medical board down there was supreme court directed the government to pay the areas of intervening period in which the disability pension was stopped due to re-survey medical board.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 11485 OF 2018
MADAN PRASAD SINHA @ SANATAN BABA Appellant(s)
UNION OF INDIA & ORS. Respondent(s)
O R D E R
The only issue which arises for determination in the present appeal is with regard to the grant of disability pension to the appellant.
The appellant was enrolled in the Corps of Signals of the Indian Army as a Radio Mechanic on 18 February 1971.
On 18 August 1981, he was discharged from military service under Army Rule 13(3) on account of being placed in a low medical category.
The case of the appellant is that he suffered from a Chronic Duodenal Ulcer as a result of his participation in Operation Cactus Lilly in 1971.
The appellant moved the Armed Forces Tribunal 1 for the “Tribunal”grant of war injury pension.
The Tribunal declined to accede to the plea for the grant of war injury pension on the ground that it was payable only in respect of participation in operations or in the active line of duty. In the present case,
it was the view of the Tribunal that the nature of the disability was not attributable to any such participation in action. This view of the Tribunal is correct.
On 26 November 2018, the following order was passed by this Court:
Application seeking leave to appeal is allowed.
The submission which has been urged on behalf of the petitioner is that his claim for the grant of disability pension for the period between 1996 and 2014 has not been considered since it was in 2014 that he was granted the disability pension for the period thereafter. Issue notice confined to this question
returnable within four weeks. Liberty to serve the additional copy on the Central Agency.Application for exemption from filing certified copy of the impugned judgment is allowed.”
pension in accordance with the applicable rates prevalent at the relevant time between 24 March 1995 and 30 January 2014. The computation shall be carried out and arrears shall be paid over to the appellant within a period of three months from the date of receipt of this order.
(DR. DHANANJAYA Y. CHANDRACHUD)
APRIL 8, 2019
RECORD OF PROCEEDINGS
Civil Appeal No(s). 11485/2018
HON’BLE MR. JUSTICE HEMANT GUPTA
Mr. Narender Singh, Adv.
Mr. Rameshwar Prasad Goyal, AOR
Mr. Chandra Nand Jha, Adv.
Mr. Prashant Singh, Adv.
Mr. B.K. Satija, Adv.
Ms. Alka Agrawal, Adv.
Mr. Tanvir Nayar, Adv.
Mr. A.K. Sharma, Adv.
O R D E R
COURT MASTER (SH) BRANCH OFFICER
(Signed reportable order is placed on the file)