IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WA.No.1248 of 2008 ( ) ---------------------------- AGAINST THE JUDGMENT IN WPC.7714/2008 Dated 31/03/2008 .................... APPELLANT/PETITIONER: ------------------------------ O.P.NAMBIAR , EX.LANDSNAIK NO.6581553, AGED 79 YEARS, S/O. LATE MR.NARAYANA KURUP, RESIDING AT A-32, DHARMAPURI COLONY, P.O.THOTTADA KANNUR-670 007,KERALA STATE. BY ADV. SMT.JISHAMOL CLEETUS SRI.V.A.SHAJI SMT.P.SHYNI RESPONDENTS/RESPONDENTS: ------------------------------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SENA BHAVAN, NEW DELHI. 2. THE SENIOR RECORD OFFICER, OFFICE OF THE SENA POLICE CORPS ABHILEKH KARYALAYA, CORPS OF MILITARY POLICE RECORDS PIN 900 493, C/O. 56 APO 3. THE ACCOUNTS OFFICER, OFFICE OF THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION) OFFICE OF THE PCDA, ALLAHABAD. BY ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ Writ Appeal No.1248 of 2008 ------------------------------------------------ Dated this the 8th day of August, 2008 JUDGMENT J. B. Koshy, J The appellant/petitioner herein was employed in military from 18/10/1951 and was invalidated out of service on 07/11/58. It was found by the military that the disablement was due to the military service. Accordingly, he was paid disability pension for 100% disability for one year and the disability pension was reviewed and granted till 09/01/63. Thereafter, disability pension was discontinued as he did not appear before the Review Medical Board. Appeal was filed on 26/04/1979 and it was rejected, as on Medical Examination it was found that there is no W. A No.1248 of 2008 -2- permanent disablement. Thereafter, he filed various representations. Since nothing was fructified, he approached this Court. During pendency of the writ petition, Ext.P4 was passed. Finally Government of India directed to conduct a Review Medical Board. Appellant/ petitioner was examined before the Review Medical Board, Bangalore on 29/05/99 and disability at 50% was assessed for one year with effect from 29/05/99. The claim for appellant/petitioner's disability was rejected by the Controller of Defence Accounts (Pension), Allahabad and according to the Principal Controller, as disability is below 20%, nil percentage can be awarded. He again appealed to the Government of India and Review Medical Board was constituted on 11/06/05 and W. A No.1248 of 2008 -3- the Medical Board has assessed again the disability of the appellant/petitioner as 30% for life. Meanwhile, since no disability pension was granted, he approached this Court. During the pendency of the writ petition Ext.P5 was passed stating that the assessment of the disablement benefit at the rate of 30% for life is only with effect from 29/05/99 and the writ petition was closed without prejudice to the rights of the appellant/ petitioner to challenge if there is any illegality in Ext.P5. According to the appellant/petitioner, he was granted disability pension only from 28/05/99 and during the period 20/10/1963 to 28/05/99 he was not granted any disability pension. It is noticed that in the final disability certificate, he W. A No.1248 of 2008 -4- was granted 30% permanent disability for life. Originally, he was assessed 100% disability. Later, in 1999 it was reduced to 50% and now 30% is stated to be the permanent disability for life. Therefore, in any event, there is no justification for not granting 30% disability from the date the disability pension was discontinued i.e. on 20/10/1963. Therefore, we are of the view that he is entitled to get disability pension from 20/10/1963 instead of from 28/05/99. The appeal is allowed to the above extent. The respondents are directed to give arrears of pension for the above period as expeditiously as possible, in any event, within three months from the date of receipt of a copy of the judgment failing which the respondents shall pay interest to the W. A No.1248 of 2008 -5- defaulted amount at the rate of 9% per annum from the date of default. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-