Union of India and others vs Gulzar Singh

M.M. Kumar, J.—The instant appeal under Clause X of the Letters Patent is directed against judgement dated 18.7.2008 and further order dated 6.7.2010 passed in the Review Application. In the order dated 18.7.2008, the claim of the writ petitioner-respondent regarding disability pension was conceded as it was covered by a Division Bench judgments of this Court rendered in the cases of Amarjit Singh v. Union of India 2000(4) SCT 587; Harjap Singh v. Union of India 2000 (4) SCT 896 and Gurmukh Singh v. State 1999(3) SCT 139. However, the aforesaid order on review was clarified by the learned Single Judge holding that the writ petitioner-respondent suffered disability attributable to military service entitling him to disability pension in accordance with the law. The degree of disability by the Disability Certificate has been assessed for two years and he has to be re-assessed for the disability by subjecting him to fresh medical board. The writ petitioner would be entitled to disability pension pursuant to the re-assessment of his degree of disability as determined by the Board.

Having heard the learned counsel for the appellant-UOI, we find that there is no sustainable ground for admission of the appeal. The disability pension has been granted to the petitioner by the modifying order dated 6.7.2010 subject to his re-assessment of the degree of disability by the fresh medical board which is required to be determined in accordance with the law. It is on the basis of the aforesaid determination, the writ petitioner-respondent would be entitled to the grant of disability pension. There is thus no merit in the appeal and the same does not warrant admission. Dismissed.