IMPORTANT POINT
The central legal point established in the judgment is that the manner of exit from service is immaterial when the disability is permanent and occurred during the course of service, and minimum qualifying service is not a prerequisite for granting the service element of disability pension.

JUDGMENT :

J. Nisha Banu, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified mandamus to call for the entire records connected with the impugned order passed by the 1st respondent in O.A.No.36 of 2021 dated 17.06.2022 and quash the same and consequently direct the respondents to sanction Service Element of Disability Pension w.e.f. 01.01.2006 and disburse the arrears.)

1. This writ petition has been filed challenging the order passed by the first respondent dated 17.06.2022 made in O.A.No.36 of 2021, by which, the application of the petitioner seeking to grant Service Element of Disability Pension was dismissed and consequently, direct the respondents to sanction the same w.e.f. 01.01.2006 and disburse the arrears.

2. (i) The brief facts of the case of the petitioner is that the petitioner was enrolled in Indian Army in the Corps of Signals on 27.02.1988. He submitted an application on 31.06.1995 to discharge him from service on compassionate ground due to ill health of his parents. However, due to lack of manpower and trained persons in the Trade, his request was not accepted. Therefore, he continued to serve in the Army with devotion and dedication.

(ii) While so, the petitioner sustained permanent disability of IDK Rt.Knee-719 on 16.12.1996 while playing Hockey match during the Regimental Tournament. The Release Medical Board held on 27.02.1998 found the petitioner to be medically unfit to be retained in service and directed to be released on Low Medical category CEE/PERM. The petitioner could not even walk properly. However, instead of discharging the petitioner on medical invalidation, the respondents have discharged him on compassionate grounds when no such request was made by the petitioner after sustaining disability. He served in the Indian Army for 10 years and 33 days and discharged on 01.04.1998. After discharge, the petitioner sought for Disability Pension on 01.04.1998. However, the Signal Records Officer rejected the same stating that he was discharged under Army Rule 13(3) III(4) on compassionate ground and he was not entitled to disability pension.

(iii) The petitioner preferred First Appeal before the 2nd respondent which was rejected on 18.04.2017 stating that as the petitioner was discharged from service prior to 01.01.2006, he was not entitled to disability pension. Aggrieved by the same, he preferred Second Appeal before the Defence Minister's Appellate Committee on Pension, Ministry of Defence, New Delhi on 05.07.2017. The Appellate Committee vide order dated 05.07.2017 stated that the petitioner's disability be assessed and to grant pension based on the medical report of the Re-survey Medical Board, conducted on 09.08.2018. Then, the 3rd respondent granted Disability Element of the Disability Pension alone to the petitioner. Aggrieved by the denial of service element of disability pension, the petitioner issued notice to the respondents. However, the 3rd respondent vide letter dated 23.12.2020, rejected the same.

(iv) Aggrieved by the same, the petitioner preferred Original Application before the 1st respondent in O.A.No.36 of 2021 for sanctioning of Service Element of Disability Pension. By order dated 17.06.2022, the 1st respondent dismissed the application on the ground that the petitioner has not rendered mandated minimum qualifying service for the said benefit and that his manner of exist from service was not on account of medical disability. Aggrieved by the same, the petitioner filed a Review Application in R.A.No.36 of 2022, before the 1st respondent and the same was also dismissed. Hence, the present writ petition, challenging the order passed by the 1st respondent in O.A.No.36 of 2021 dated 17.06.2022.

3. (i) Learned counsel for the petitioner would submit that the Release Medical Board held on 27.02.1998 at 151 Base Hospital C/o 99 APO, recommended the petitioner to be medically unfit to be retained in service and directed to be released o