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| HC quashes order reducing disability pension of Lt. Colonel | | | EARLY TIMES REPORT
JAMMU, Nov 19: Allowing the petition filed by Lt. Col V K Rampal seeking quashment of order reducing his disability pension, Justice YP Nargotra of J&K High Court Jammu wing ordered that petitioner is held entitled to the Bar Injury Pension @ 70% disability in the light of opinion of first medical board with effect from January 29, 2002 and the order impugned reducing petitioner's disability shall stand quashed.
The petitioner who retired from service on February 28, 1997 as Lt. Colonel, he was to be subjected to medical examination by the resurvey medical board as per the rules. Accordingly, he was found to be suffering from disability which was assessed by the board at 70% permanent disability for two years. The period of assessment of war injury pension @ 30% was to expire on December 3, 2004 and according to the respondents the petitioner was entitled to the war injury pension @ 30% disability for life.
Justice Nargotra, after hearing Sr. Advocate UK Jalali appearing for the petitioner and Adv PS Chandel appearing for the Union of India, observed that Court is not in agreement with Counsel of Union of India. In such a situation in case of two different opinions, whichever is beneficial to the incumbent is required to be accepted. After all War Injury pension is payable to those army soldiers who risk their lives in the interest of nation and by fighting with the enemies sustain injuries. Therefore, they deserve all compensation and sympathy at the hands of the Union Government and allowed the petition and held the petitioner entitled to War Injury Pension @ 70% Disability and also quashed the order reducing disability pension. JNF |
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