ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI. O.A.No.129 OF 2014 MONDAY, 1ST DAY OF DECEMBER, 2014/10TH AGRAHAYANA, 1936 CORAM:

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1 ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI O.A.No.129 OF 2014 MONDAY, 1ST DAY OF DECEMBER, 2014/10TH AGRAHAYANA, 1936 CORAM: HON'BLE MR. JUSTICE SHRIKANT TRIPATHI, MEMBER (J) HON'BLE VICE ADMIRAL M.P.MURALIDHARAN,AVSM & BAR, NM, MEMBER (A) SEKHARA, AGED 56 YEARS, S/O.NARASINHA (EX NO L), EX GNR, C/O.SUPREME MOTOR DRIVING SCHOOL, TS HOSTEL COMPLEX, PWD ROAD, SIRSI, UTHARA KANNADA, KARNATAKA APPLICANT: BY ADVS.M/S.JELSON J EDAMPADAM, SANDEEP.V.S., VINOD KUMAR C.Y. & KARTHIK S ACHARYA. VERSUS RESPONDENTS: 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, GOVT. OF INDIA, MINISTRY OF DEFENCE (ARMY), NEW DELHI SECRETARY, MINISTRY OF DEFENCE, D (PENSION GRIEVANCES), DEPARTMENT OF EX-SERVICEMEN WELFARE, ROOM NO,.227, B WING, SENA BHAWAN, NEW DELHI THE SENIOR ACCOUNTS OFFICER (PENSION) OFFICE OF THE PR.C.D.A (PENSIONS), ALLAHABAD

2 O.A.No.129 OF ADDL. RESPONDENT IMPLEADED: ADDL.R4. OFFICER-IN-CHARGE (RECORDS), ARTILLERY RECORDS (PEN 24 SECTION), NASIK ROAD, CAMP , APS PIN IMPLEADED AS ADDL. 4TH RESPONDENT AS PER ORDER DATED IN M.A.NO.518/2014 IN OA.NO..129/2014. BY ADV.MR.K.M.JAMALUDHEEN, SENIOR PANEL COUNSEL. SHRIKANT TRIPATHI, MEMBER(J): ORDER * None is present for the applicant. Heard Mr. K.M.Jamaludheen for the respondents and perused the record. 2. The applicant Sekhara, No L Ex GNR, has filed this Original Application for enhancement of the percentage of the disability pension from 40% to 60% with the consequential benefit of rounding off of the same. He was discharged from the service with effect from 19 th July At the time of discharge, he was in low medical category CEE (permanent) due to the disability BILATERAL HYDRONERHROSIS BOTH SIDE (OPTD) WITH UTI 591, 599, V-67. The Release Medical Board regarded his disability

3 O.A.No.129 OF as attributable to military service and assessed the same at 60% for two years. His claim for the disability pension was forwarded to PCDA (P), Allahabad, which accepted the claim and granted disability pension to the extent of 60% disability for 10 years from 20 th July 1986 to 30 th January The Re-Survey Medical Board held on 13 th May 1996 and also on 30 th January 2001 found the same disability subsisting to the extent of same percentage but the PCDA (P) Allahabad reduced the percentage from 60% to 40%. Consequently, from 1996 upto 29 th January 2006 the applicant was sanctioned and paid disability pension to the extent of 40%. The main grievance of the applicant is that the PCDA(P) was not justified in reducing percentage of disability from 60% to 40%. The Re-Survey Medical Board dated 28 th October 2002 assessed the disability to the extent of 40% for life which was accepted by the PCDA (P) also. So, the applicant is being paid disability pension to the extent of 40% disability with the benefit of rounding off of the disability pension to the extent of 50% for life with effect from 30 th January The applicant has challenged the percentage of disability determined by the Medical Board dated 28 th October So far as the claim for the disability pension on the basis of the recommendations of the Re-Survey Medical Boards dated 13 th

4 O.A.No.129 OF May 1996 and 30 th January 2001 holding the applicant's disability to the extent of 60% is concerned, it is barred by limitation. We had entertained the present O.A. for hearing and condoned the delay subject to the conditions that the benefit of the relief will be restricted to a period of three years prior to the filing of the O.A. as per the principles laid down by the Supreme Court in the case of Union of India and Others vs. Tarsem Singh, (2008) 8 SCC 648. So, apparently, the applicant's claim for enhancement of the percentage of disability pension, on the basis of the recommendations of the Re-Survey Medical Boards dated 13 th May 1996 and 30 th January 2001, was barred by limitation and even could not be brought within the limitation with the aid of the aforesaid Supreme Court ruling. 4. So far as the claim for raising the percentage of disability as assessed by the Re-Survey Medical Board dated 28 th October 2002 is concerned, it has also no substance. The opinion of the Re- Survey Medical Board dated 28 th October 2002 is liable to be given due weight, value and credence as per the principles laid down by the Apex Court in A.V. Damodaran (dead) through Lrs and Others v. Secreteary, Mod & Ors (2009) 9 SCC 140. There is no material on record to point out any error in the recommendations of the Medical Board dated 28 th October So, we have no option

5 O.A.No.129 OF except to accept the opinion of the Re-Survey Medical Board dated 28 th October 2002 and as such the claim for enhancement of the percentage of disability pension has not substance. 5. In view of the aforesaid, the O.A. has no merit and is accordingly dismissed. 6. There will be no order as to costs. 7. Issue free copy of this order to both side. VICE ADMIRAL M.P. MURALIDHARAN, JUSTICE SHRIKANT TRIPATHI, MEMBER (A) MEMBER (J) krs. *The first two sentences in the order dated 1 st December 2014 viz., None is present for the applicant. Heard Mr. K.M.Jamaludheen for the respondents and perused the record are deleted and substituted as Heard and perused the record, as per order dated 4 th August 2015 in R.A.No.7/2015 in O.A.129/2015. REGISTRAR // True Copy // Private Secretary