CW 3658/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3658/06 Sepoy Rati Ram Versus UOI & Ors. DATE OF ORDER : 21/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Harish Mann, for petitioner Ms. Anupama Chaturvedi, for respondents *** Instant petition has been filed by the petitioner seeking service element of disability pension in terms of Regulation 183 of Army Pension Regulation. Petitioner was enrolled in the Indian Army on 20th February, 1963 and discharged on 26th August, 1966. After he rendered 3 yrs., 6 months & 6 days of service under R.13(3)(iii) of Army Rules, 1954 on account of category 'C' CEE on medical grounds he was awarded disability pension w.e.f. 27th August, 1966 which discontinued from 23rd July, 1968 on the premise that Resurvey Medical Board assessed his disability to be less than 20% which dis-entitled him claiming service element of disability pension under the Scheme of Rules. CW 3658/06 [2] Counsel for the petitioner has urged that Army instruction No.04/S/75, issued by Notification dated 19.12.1975 provides as under: “Where an individual is invalided out of service before completion of his prescribed engagement/service limit on account of disability which is attributable to or aggravated by military service and is assessed below 20 percent, he will be granted an award equal to service element of disability pension determined in the manner given in Regulation 183 of Pension Regulations for the Army, Part I (1961), read with Appendix A to AI I/S.75. This benefit will also be allowed in all cases where an individual is granted disability pension but whose degree of disablement subsequently falls below 20 percent.” “These orders will take effect from 1st January, 1973 i.e., these will apply to those who were on the effective strength of the Army on that date and who became non-effective thereafter.” According to him, 1st January, 1973, which was fixed as cut-off date granting benefit of service element of disability pension under Reg.183 of the Rules, has been struck down by this court in Smt. Sinokhi Vs. Union of India [2002 (3) RLR- 184] and further considered in Sepoy Hukma Ram Vs. Union of India & ors. [2005 (8) RDD 3033 (Raj.)]. CW 3658/06 [3] In the light of judgment [supra], counsel submits that petitioner is entitled for service element of disability pension in terms of Reg.183 of Army Pension Regulation. Respondents have filed reply to the writ petition and their objection is that petitioner is not entitled for pension as his disability has been assessed to be less than 20%. In view of judgments in Smt. Sinokhi Vs. Union of India [supra] & further considered by this court in Sepoy Hukma Ram Vs. Union of India & ors. [supra], holding cut-off date of 1st January, 1973 to be arbitrary and violative of Art.14 of the Constitution of India. As a consequence whereof, notification dt.19th December, 1975 certainly makes him entitled for service element of disability pension determined in the manner provided under Reg.183 of Army Pension Regulation. Consequently, writ petition stands allowed. The respondents are directed to allow the petitioner service element of disability pension CW 3658/06 [4] in terms of Reg.183 of the Army Pension Regulation along with consequential benefits. Compliance be made within three month. No order as to costs. [AJAY RASTOGI], J. FRBOHRA3658CW06 21-11.doc