IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 22866 of 2004 Between: T. Anji reddy, ( Retired Hawaldar), Naib Subedar, Army Medical Corps), Turpu Takkellapadu, Kopperapadu Post, Addanki Taluk, Prakasam District, A.P. - 523 213. ..... PETITIONER AND 1 Union of India, rep. by its Secretary, Ministry of Defence, New Delhi-110 001. 2 Chief Controller of Defence Accounts ( Pensions), Allahabad, Uttar Pradesh. 3 Officer-in-Charge, Army Medical Corps ( Records), Lucknow - 226002. Uttar Pradesh. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to Issue a writ of mandamus or any other appropriate Writ, Order or direction directing the respondents to grant me the disability pension in the rank of Naib Subedar ( Junior Commissioned Oﬃcer) with eﬀect from 1-2-1995 with all attendant and consequential beneﬁts including arrears of disability pendion from 1-2-1995 till payment with interest at 12% p.m. and pass such other order or orders. Counsel for the Petitioner:MR.G.RAMACHANDRA RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: This writ petition has been ﬁled seeking a direction to the respondents, by way of Writ of Mandamus, to grant the petitioner disability pension in the rank of Naib Subedar (Junior Commissioned Oﬃcer) with eﬀect from 01-02-1995 with all attendant and consequential beneﬁts including arrears of disability pension from 01-02-1995 till payment with interest at 12% per month. Brief facts of the case of the petitioner are that he joined in Indian Army on 18-01-1971 as Nursing Assistant and attached to Army Medical Corps at Lucknow. After serving the Indian Army for 24 years 14 days he had retired from service on 01-02-1995. At the time of his retirement, he was holding the rank of Hawaldar in Group-C category. As per the order dated 26-10-1994, the 2nd respondent had sanctioned the pensionary beneﬁts in the rank of Hawaldar and the same were communicated to the petitioner by the 3rd respondent vide letter dated 23-02-1995. It is submitted that while the petitioner was in service he sustained an injury to his left hand when the barrel of his riﬂe burst, when he was taking part in annual range classiﬁcation, which resulted in amputation of his left thumb on 02-03-1994 and he was sanctioned disability pension as per the Rules with eﬀect from 01-02-1995 by the 2nd respondent and the same was communicated to him by the 3rd respondent vide letter dated 13-05-1996. It is also submitted that on the occasion of Independence Day (15th August, 1995) the Government of India had bestowed upon the petitioner honorary rank of Naib Subedar (Junior Commissioned Oﬃcer) on retirement in recognition of his long, loyal and meritorious service and the same was communicated to him by the 3rd respondent vide letter dated 03-09-1995. Therefore, he deemed to have been retired from service in the rank of Naib Subedar (Junior Commissioned Oﬃcer) and he is entitled to pension and pensionary beneﬁts in the said rank. The petitioner submitted that the 2nd respondent vide order dated 27-08-1996 revised his pension and the family pension in the rank of Naib Subedar (Junior Commissioned Officer). In pursuance of the said order, he was also paid arrears of difference, pension and pensionary benefits, in the rank of Naib Subedar. Though his pension and pensionary beneﬁts were revised by treating him as retired in the rank of Naib Subedar (Junior Commissioned Oﬃcer) the disability pension granted to him was not revised and the respondents continued to pay him the amount ﬁxed in the rank of Hawaldar only. In view of the same, he made a representation to the 2nd and 3rd respondents to revise the disability pension granted to him in the rank of Hawaldar (Group-C) to the scale of pay in the rank of Naib Subedar (Junior Commissioned Officer) with effect from 01-02-1995 and to pay him arrears. But the same was erroneously rejected by the 2nd respondent vide letter dated 01-04-2003 holding that as per rules, disability element is paid for the rank of onset of I.D. As per LPC cum data sheet held in their oﬃce record that the petitioner was holding the rank of Havildar at the time of onset of I.D. Therefore, disability element is being paid correctly. However, for revision of pension w.e.f. 01-01-1996, as per V Pay Commission, the petitioner was advised to contact P.D.A. in case revision of DE has not been done by the P.D.A. The claim of the petitioner is that he was holding the rank of Hawaldar only at the time of on set of Independency Day and the reasons given by the 2nd respondent rejecting his claim for revising the disability pension, on the basis of scale of pay attached to the rank of Naib Subedar (Junior Commissioned Officer), though his pension was revised on that basis, are ex-facie untenable and unsustainable on both law and on facts. In view of the above, the petitioner approached this Court by filing the present writ petition. It appears that the petitioner was retired from Indian Army service in the rank of Naib Subedar (Junior Commissioned Oﬃcer) and he was granted revised pension and pensionary beneﬁts against the same rank. The main grievance of the petitioner is that though he was granted disability pension and the same was not revised in the rank of Naib Subedar (Junior Commissioned Oﬃcer. When he made a representation for revision of disability pension, the 2nd respondent passed the impugned order, which reads as under: “As per rules disability element is paid for the rank of onset of I.D. As per LPC cum data sheet held in our record you were holding the rank of Havildar at the time of on set of I.D. T herefore disability element is being paid correctly. However for revision of your pension wef 01- 01-1996 as per V Pay Commission, you may please contact your P.D.A. in case revision of DE has not been done by the P.D.A.” Admittedly, the petitioner was granted disability pension and he was bestowed to the rank of Naib Subedar (Junior Commissioned Oﬃcer). Further, pension of the petitioner was revised and it is obvious from the order dated 01-04-2003 that disability pension of the petitioner was not revised and the request for revise the disability pension was rejected only on the ground that the 2nd respondent has the record of LPC cum date sheet that the petitioner was holding the rank of Havildar, at the time of on set of Independence Day. Except, this no further reasons have been assigned in the order dated 01-04-2003 as to why the petitioner is not entitled to revise his disability pension. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side the respondents are directed to re-consider the claim of the petitioner and pass appropriate orders, in accordance with law, within a period of two months from the date of receipt of a copy of this order. Accordingly, with the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 19-09-2009 Note: Issue C.C. in four days. B/o. L SK