Moga jawan’s battle for pension lasted 49 yrs:
Vijay MohanTribune News Service
Chandigarh, March 26His tryst with the Army lasted for just about two years, but the battle he waged for pension stretched for 49 long years.Almost five decades after Balbir Singh, a resident of Moga, was invalided out of service on medical grounds, the Armed Forces Tribunal today allowed his writ petition, entitling him pension. The Bench, comprising Justice Ghanshyam Prashad and Lt Gen NS Brar also ordered that he be given arrears of pension for the past three years along with 10 per cent interest.
Balbir had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.
He was sanctioned disability pension, but to his shock, it was discontinued from September 1960, even though a review of his disability percentage remained static and there was no change in his condition. No reasons for discontinuing his pension were conveyed to him.
Balbir had contended that ignoring the settled position of law and instructions on the subject, the Controller of Defence Accounts (Pensions) rejected the claim of the petitioner presumably on the grounds that the disability percentage assessed by the invaliding medical board was below 20 per cent. This decision, he claimed, was never received by him.
He approached the authorities concerned to get his pension restored, but in the meantime, inadvertently lost the entire correspondence relating to the matter. He had thereafter been making representations to all concerned, but there was no reply or restoration of pension by the authorities.
Finally, he sent a notice through his counsel in September 2008, in response to which he received a copy of letter dated October 31, 1960, that had declined his claim on the ground that his disability had fallen below 20 per cent. And he was, therefore, not entitled to any pension. Thereafter, he sought judicial redressal for his grievance.
Long wait
Balbir Singh had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.He was sanctioned disability pension, but to his shock, it was discontinued from September 1960.
Chandigarh, March 26His tryst with the Army lasted for just about two years, but the battle he waged for pension stretched for 49 long years.Almost five decades after Balbir Singh, a resident of Moga, was invalided out of service on medical grounds, the Armed Forces Tribunal today allowed his writ petition, entitling him pension. The Bench, comprising Justice Ghanshyam Prashad and Lt Gen NS Brar also ordered that he be given arrears of pension for the past three years along with 10 per cent interest.
Balbir had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.
He was sanctioned disability pension, but to his shock, it was discontinued from September 1960, even though a review of his disability percentage remained static and there was no change in his condition. No reasons for discontinuing his pension were conveyed to him.
Balbir had contended that ignoring the settled position of law and instructions on the subject, the Controller of Defence Accounts (Pensions) rejected the claim of the petitioner presumably on the grounds that the disability percentage assessed by the invaliding medical board was below 20 per cent. This decision, he claimed, was never received by him.
He approached the authorities concerned to get his pension restored, but in the meantime, inadvertently lost the entire correspondence relating to the matter. He had thereafter been making representations to all concerned, but there was no reply or restoration of pension by the authorities.
Finally, he sent a notice through his counsel in September 2008, in response to which he received a copy of letter dated October 31, 1960, that had declined his claim on the ground that his disability had fallen below 20 per cent. And he was, therefore, not entitled to any pension. Thereafter, he sought judicial redressal for his grievance.
Long wait
Balbir Singh had enrolled in the Army in November 1956, but was discharged on medical grounds in November 1958 after he developed health problems. A medical board attributed his disease to be fully attributable to and aggravated by military service and assessed his disability to be above 20 per cent.He was sanctioned disability pension, but to his shock, it was discontinued from September 1960.
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