Govt. of India vs Pushottam Datt Tripathi

This appeal is directed against an order dated 19.1.2010 passed in W.P. No. 10582/2005(S) by which the learned Single Judge issued directions to the appellants to consider the case of the respondent for grant of pension under Regulation 173 of the Regulations of 1961 and fix the pension in accordance with the rules prevailing in Army Rules and grant arrears of pension w.e.f. 12.9.2005 within a period of three months from the date of receipt of certified copy of the order failing which the petitioner/respondent shall be entitled for interest @ 12% per annum from the said date till realisation. This appeal has been filed on various grounds by the appellant Union of India, but from perusal of the order passed by the Single Bench we find that the Single Bench has directed the appellant only for consideration of the case of the respondent for grant of pension under Regulation 173 of the Regulation, 1961, the order does not require any interference by this Court.

The facts of the case are that the respondent was appointed as Religious Teacher on 5.11.1963 in Mahar Regiment Center, Sagar. He was given the rank of Nayab/ Sub-RT as Junior Commissioned Officer. During his service he was posted in the field but suffered because of heavy snowfall in the field and was declared disabled and could not continue his service. By order dated 3.7.1973 he was retired from service. At the time of retirement the respondent had completed 9 year 7 months and 28 days of service.

The respondent had filed an application for grant of pensionary benefits which was rejected by the appellants on the ground that he had rendered only 9 year 6 months service and was discharged from service at his own request and, therefore, he was not entitled for any pension as per Rules. Thereafter, the respondent approached to the High Court for issuance of direction to the appellants for payment of pension.

The learned Single Judge considered the provisions as contained in section 173 of the Pension Rules which provides thus :-

Unless otherwise specifically provided, a disability pension may be granted to an individual who is inval ided from service on account of a disability which is attributable to or aggravated by military service and is assessed at 20 per cent or over.

The learned Single Judge also considered a judgment of Punjab and Haryana High Court in Karnail Singh Vs. Union of India, 1991(5) SLR 190 and found that the case of the respondent de-serves consideration under Regulation 173 of the Pension Rules as he had suffered disability because of posting in an area where there was heavy snowfall and because of this the respondent was declared disabled and was retired from service. The appellants herein are required to consider the case of the respondent under Regulation 173 of the Regulation of 1961. In the impugned order we do not find any error warranting our interference u/s 2(1) of the M.P. Uchcha Nyayalaya (Khandnyaya Peeth Ko Appeal) Adhiniyam, 2005. This appeal is accordingly dismissed with no order as to cost.