Manmohan Krishan vs Union of India on 22 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (JUDICIAL)

The present Original Application has been filed seeking the relief of proper categorization of injuries/diseases of the applicant and calculating the disability pension in accordance with Government Policy letter dated 08.08.2016. The pension be, accordingly, re-fixed and the applicant be paid the arrears along with interest.

2. The applicant was serving in the Army Medical Corps after being commissioned on 01.06.1975. During the course of service, he suffered from disabilities of (a) ‘CSOM (LT) (OPTD)’ and (b) ‘IHD (Angina Pectoris)’. Release Medical Board (RMB) held on 05.11.1986 assessed disability (b) to be neither attributable to nor aggravated by military service. Claim for grant of disability pension was rejected because the composite assessment of both disabilities though 60%, the extent of disability ‘CSOM (LT) (OPTD)’ was less than 20%.

OA 763 of 2021 Major Manmohan Krishan (Retd) Vs. UOI & Ors ...2/-

3. Rejection of the claim for the disability pension was challenged vide CWP No. 3430 of 1994. The same was transferred to this Regional Bench and numbered as TA No. 481 of 2010. The Transfer Application was allowed vide order dated 18.03.2010 and the respondents were directed to pay disability pension to the applicant. Arrears were, however, confined to three years before the date of filing of writ petition.

4. A Re-Assessment Medical Board (RAMB) was held on 15.07.2011. It assessed the disability of ‘CSOM (LT) (OPTD)’ @ 30% for life and disability ‘IHD (Angina Pectoris)’ @ 50% for life. Composite extent of both the disabilities was found to be 70% for life. Vide communication Annexure A-8, PCDA (P) informed the applicant as well as the Pension Disbursing Authority that the applicant had been granted disability element @ Rs.375/- w.e.f. 08.12.1986. Based on RAMB conducted on 22.07.2011, a Corrigendum Pension Payment Order was issued and the applicant was granted disability element for composite disability, the extent of which had been assessed to be 70%. Vide Corrigendum Pension Payment Order issued in the year 2012, the applicant was granted disability pension at the revised rates w.e.f. 01.01.1996. The same was further revised w.e.f. 01.01.2006. Another Corrigendum Pension Payment Order was issued in the year 2015 after revision of pension by the 5th and 6th Central Pay Commissions. A pension payment order dated 02.07.2020 shows that the applicant is being paid disability element for disabilities of ‘CSOM (LT) (OPTD)’ and ‘IHD (Angina Pectoris)’ @ 70% rounded off to 75%.

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5. In view of the aforementioned documents, we do not feel that the applicant has not been paid disability pension in accordance with his entitlement.

6. The matter has been listed today because learned counsel for the applicant had filed MA No. 877 of 2026 seeking advancement of the date of hearing. The same was allowed vide order dated 20.08.2026 and the date of hearing was advanced to today. It also stated that the case be taken up immediately after the fresh cases. Yet, learned counsel for the applicant has not deemed it appropriate to put in appearance. Despite the same, we have gone through the paper book with the assistance of learned counsel for the respondents.

7. Perusal of the record does not reveal any anomaly in the payment of disability pension to the applicant. Thus, the Original Application is dismissed.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

22nd Oct, 2026 ‘b’ REPORTABLE : NO