IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 26516 of 2007(F) ------------------------------------- PETITIONER(S): ------------------------- M.K.M. BADSHA (EX.CH A A NO.051872-NAVY) MATARA GULMOHAR, P.O. CHERPLACHERY, PALGHAT,KERALA BY ADVS. MR.M.RAJAGOPALAN MR.RAJIT RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. PRINCIPLE CONTROLLER OF DEFENCE ACCOUNTS (PENSION), ALLAHABAD. 3. THE OFFICER-IN-CHARGE, BUREAU OF SAILORS, MUMBAI-400 088. ADV. MR.MOHAN IDICULLA ABRAHAM, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26516/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPRESENTATION DT. NIL SUBMITTED TO THE 3RD RESPONDENT. P2:- COPY OF THE LETTER NO.DP//D/11/51872 DT. 22.1.1986. P3:- COPY OF THE REPRESENTATION DT. 6.8.98. P4:- COPY OF THE LETTER NO.PN/0134/IHQ (N) DPA DT. 31.3.04. P5:- COPY OF THE LETTER NO.N/D/RA/85/2005. P6:- COPY OF THE JUDGMENT IN OP.NO.11291/94 DT. 14.12.01. P7:- COPY OF THE ORDER NO.PN/1277/LC DT. 10.3.03. P8:- COPY OF THE CIRCULAR NO.362 DT. 1.2.07. P9:- COPY OF THE LETTER NO.DP/D/051872 DT. 15.6.06. P10:- COPY OF THE PPO NO.N/D/RA/213/2007 DT. 30.8.07. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26516 of 2007-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2009. JUDGMENT The petitioner who is an ex-serviceman and had served the Indian Navy for 14 years, is seeking for payment of adequate pension with the service element and the disability element applicable to his rank. He served the Indian Navy for 14 years from 10.8.1968 to 31.8.1982. In January 1982 the petitioner was working in the Pilotless Target Aircraft Squadron in INS Nilgiri. An accident occurred on 14.1.1982 while on duty. When he was adjusting the R.P.M., the propeller hit his right hand causing serious injuries. He had to undergo treatment for a long time and was medically downgraded by the Medical Board which recommended to release him in low medical category. The disability was found 30% attributable to naval service. Thus, he was invalidated out of service after 14 years. 2. The petitioner had been requesting for sanction of pension which was eventually considered by Ext.P2 wherein he has sanctioned disability pension to the tune of Rs.40/- per month for the period from 1.9.1982 to 26.6.1984. After repeated representations and a re-assessment by the Medical Board which assessed his disability at 30% permanent for life, he WPC 26516/07 2 was sanctioned Rs.570/- per month with effect from 22.6.2004 for life. Meanwhile, the Central Government had revised the minimum pension including invalid pension and family pension to Rs.375/- initially on the recommendation of the IVth Central Pay Commission and at Rs.1275/- on the recommendation of the Vth Pay Commission. Again, it was revised by the first respondent to Rs.1913/- per month with effect from 1.1.2004. The disability element was also enhanced to Rs.1,900/- for 100% disability for JCO with effect from 1.1.1996. 3. The applicability of the order granting minimum pension to such pensioners was considered by this court while rendering Ext.P6 judgment. Thereafter, by Ext.P7, the same was implemented in respect of the petitioner therein. Even though there was subsequent revision in the minimum pension, as far as the petitioner is concerned, he was informed by Ext.P9 that he is granted disability pension at Rs.570/- only. This is under challenge in this writ petition. 4. The respondents have filed a counter affidavit denying their liability in the matter and supporting the orders issued. They are also relying upon Ext.R2 regulations in support of their plea. 5. Actually, the issue that is pleaded by the petitioner is covered in his favour by Ext.P6 judgment. Therein, this court was pleased to WPC 26516/07 3 consider the effect of Ext.P3 therein (Order No.2/14/87-PIC dated 5.3.87 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Pensioner's Welfare), whereby Rs.375/- was fixed as minimum pension with effect from 1.1.1986. The petitioner in that writ petition was also disabled to the tune of 30% and was granted the minimum pension as per the said order. But later, it was reduced to Rs.90/- per month. The reduction and the consequent recovery was challenged in that writ petition. The true effect of the said order was considered in paragraphs 6 and 7. The question was whether the said order is applicable only to service pension and not the disability pension. After considering this aspect, it was held in para 7 in the following terms: “Ext.P3 is intended to benefit the low paid pensioners. It has to be interpreted in a liberal way and not in a way to take away the benefits. Plain terms of Ext.P3 speaks that it is applicable to all pensioners. Words and mandate of Ext.P3 are very clear and cogent and there is nothing in Ext.P3 limiting it only to service pensioners given after retirement of particular period of service. In fact, it is specifically stated that it is not only applicable to superannuation/retiring pension and it is applied to invalid pension, compensation and family pension. But, it is the minimum allowed. In this case, disability pension was granted to the pensioner as he was released from military due to the disability admitted attributable to WPC 26516/07 4 the service. Ext.P3 is applicable to the petitioner. In fact, he was paid the above with effect from 1.1.1986. But, respondent reduced the pension to Rs.90/- per month and took steps to recover the amount paid excess. On going through Ext.P3 and other averments, I am of the opinion that petitioner is entitled to get the minimum pension from 1.1.1986 as per Ext.P3 till 22.5.1995, the last date upto which he was granted pension and 1.1.1986 to 22.5.1995, he is entitled to get Rs.375/- per month. Ext.P4 is set aside. Respondents are directed to pay the balance amount of pension for the period 1.1.1986 to 22.5.1996 at the minimum rate of Rs.375/- per mensem after deducting the amount already paid to him. The amount should be paid within three months from today failing which it will carry 12% interest from 22.5.1995 till its payment.” 6. Judged in the light of the above dictum, the petitioner herein is entitled to succeed in this writ petition. As pointed out in the writ petition, the minimum pension at Rs.375/- which was fixed from 1.1.1986 based on the recommendation of the IVth Pay Commission, has been revised from time to time. This is a case where the petitioner was discharged from service consequent on sustaining a permanent disability which is attributable to naval service and the disability is at 30%. Even though the Medical Board reviewed it in the year 2004, there were no grounds to discontinue the pension from 1984. Going by Ext.P4, sanction was granted to waive the delay to conduct RSMV. At that point of time, the disability WPC 26516/07 5 was assessed at 30% permanent for life. Ext.P5 will show that it is granted with effect from 22.6.2004 for life. In fact, going by the dictum laid down in Ext.P6 that the minimum pension is applicable to all pensioners, the petitioner is entitled for the benefit of minimum pension considering the two elements and it is subject to revision from time to time. 7. Therefore, the writ petition is allowed. Ext.P9 is quashed. The respondents are directed to sanction minimum pension from 1.1.1986 to 1.1.1996 and the revised pension at Rs.1250/- from 1.1.1996 along with service element and disability element applicable to him with all consequential benefits including arrears at revised rates from time to time within a period of three months from the date of receipt of a copy of this judgment. He will be entitled for any revision of pension sanctioned during the pendency of the writ petition, if any. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/