[Resolved]  Pcda Allahabad — not giving disability pension yet

From : No.1078819A Ex Dfr Pratap singh
VPO –Aurenya Mandan
Disstt- Mainpuri (U.P)

10 Feb 2010
Armoured Corps Records,
Ahmednagar (MR)
PIN 900476
c/o 56 APO


SECOND APPEAL AGAINST REJECTION OF DISABILITY
PENSION CLAIM



Sir,


1. Please refer to your letter No. 1078819/DP/Pen dated 27 Aug 2009.

2. Second appeal against rejection of my disability pension claim is forwarded in triplicate for your further necessary action please.


3. Kindly acknowledge the receipt of above.






Yours Faithfully


(Ex Dfr Pratap Singh)








SECOND APPEAL AGAINST REJECTION OF DISABILITI PENSION
CLAIM NO. 1078819A DFR PRATAP SINGH
OF ARMOURED CORPS

Addressed to:-
The Chairmain
Defence Ministers Appelete
Committee
Govt of India Min of Defence
New Delhi

Through:-
Records Armoured Corps
PIN 900476
c/o 56 APO

Reference:-
Armoured corps records letter No. 1078819/DP/Pen dated 27 Aug 2009.


Enlosures:-
(a) Armoured Corps Records letter No. 1078819/DP/Pen dated 25 Jul 2006.
(b) Integrated HQ of MOD (army) letter No. B/40502/015/09/AG/PS-4 (imp -II) dated 17 Jul 2009.
(c) Copy of discharge book.
(d) Copies of two judgement of Hon’able High Court o[censored]ttar Pradesh Allahabad; published in leading Hindi news paper.

INTRODUCTION :-
1. I was enrolled in Army as Driver cum Gunner in Armoured Corps on 26 Oct 1983 and after serving for 21 years and 4 months I was envicted from service prematurely on 28 Feb 2006 . I was in low medical category S1 H1 A1 P-3 (Permanent) E1 Due to “GENERALIGED SEIZURE” and my release medical board was held at Military Hospital Suratgarh(Rajasthan).

2. My claim for grant for disability pension has rejected by PCDA (Pension) Allahabad by their rejection memo No. G-3/SI/ 106/406. As per this memo the disability caused to me has been treated as not related to military service and of constitutional disorder . As this decision of PCDA was purely illegal and unjust being against existing rules and various orders ,I submitted first humble appeal against rejection to Integrated HQ of MOD (Army) through Records Armoured Corps but my first appeal has also been rejected vide their letter No. B/40502/015/09/AG/PS-4 (imp-II) dated 17 Jul 2009. But I am not satisfied with this decision because the disability caused to me While on Temporary Duty and was admitted in military hospital while returning from this duty. I , therefore submit this humble request through Second Appeal seeking legal and appropriate decision from your honour.


3. As stated above I was enrolled in army as tank driver cum gunner . The duties of this trade are very hard and require bearing extra stress and strain of military service. The tank generally operates in border area of Rajasthan & Punjab, with an aim to keep ourselves fit, Regular Practice of operational tasks in these area are needed. Thus we generally operate in day/night in the desert of Rajasthan and wet area of Punjab.

4. I have served at Sangroor, Babina, Ambala again at Babina and Suratgarh with an operational tasks at Indo-Pak border. Besides my trade work I also performed sentry duties during Day/Night and thus bear extra strain and stress of service. I was very honest , hard working and disciplined soldier . My performance of military duties was always appreciated by my commanders , equal and subordinates. Therefore I retired with exemplary character.


5. At the time of enrollment I was physically tough and mentally alert Therefore , I was selected for driver cum gunner trade in Armoured Corps . When I was Posted at Ambala , I was detailed on escorts duty of ammunition in COD Kirkee, we were travelling in military vehicles. Enroute I faced an attack of confusun and I was evacuated to military hospital. After long treatment and prescribed precaution I was cured and became fit in category SHAPE-1.

6. During the year 2004 I was posted on ERE with Bengal Bn Ncc (Boys). Commanding officer of this Bn was posted from NCC to Secunderabad . His family was moving to new unit by train but he sent his luggage by road by truck. I was detailed to escort this truck from Calcutta to secunderabad . From Secunderabad to Calcutta return journey I was issued the railway warrant . I left the truck and catched the train for Calcutta.

7. I do not remember the correct date ; however it was sure the last week of june 2004. When my train reach Kanpur junction suddenly I faced an attack of onset tonic clonic movement of aal 4 limbs associated frosting/ tongue bite followed by post ictal confusun. Railway authorities reported my case to military movement control officer available at station. I was boarded of the train in unconscious condition Perhaps my identity was checked an phone number of my sister in law who is residing at Kanpur was revealed. The information about my serious condition was given to her on telephone by MCO. By th way my wife was also present there who came there to attend a party. They along with other members rushed to station and evacuated me to 7 air force hospital Kanpur.I was admitted to hospital as a case of “GENERALISED TONIC CLONIC SEIZURE MECHANICAL LBA “ . After treatment I was referred to command hospital Lucknow. Since then inspite of continous treatment in various military hospitals I could not be cured and placed in low medical category S1 H1 A1 P-3 (TEMPORARY) E1 and later this category was converted into permanent P-3.Even in low medical category I keep performing my duties and thus my disability aggravated by military service and bearing of stress and strain of duties.

8. As stated above above constant vigilance and hard work during day and night is needed in Armoured Corps , because we have talented tasks on border. My Commander thinking that I was unable to perform my duties properly as per requirements ,decided to evict me from army service. Thus my final Release Medical Board was held at Suratgarh . My Commanding officer assessed my disability as attributable to and aggravated by military service and recommende for grant of disability pension . Accordingly my case was submitted to PCDA (P). The decision of Medical board of treating my disability as neither attributable to nor aggravated by military service is purely illegal & unjust it caused to me while on Temporary duty (T.D).

9. Due to low medical category I lost many promotions in the army and I was evicted from service before completion of normal service limit. I became unfit for any re-employment in civil or anywhere . It is , therefore proved that disability caused to me is is purely attributable to military service .

10. I am enclosing two judjements of hon’able High Court o[censored]P Allahabad published in leading hindi newspaper . As per these judgements any disability caused to a soldier will invariably be tyreated as attributable to military service and soldier will surely be granted disability pension . In support of my claim I submit the following point:-

(a) I was physically tough and mentally alert at the time of enrolment and evicted from army service as a patient in low medical category after the service of 21 years .
(b) I was fallen sick twice while on escort duties involving long journey by road or by rail. First time I was cured and second time my illness caused my eviction from the service .
(c) I was not on any kind of leave or otherwise off duties.
(d) I lost army service , promotions and re-employment.
(e) My commanding officer treated my disability as attributable to military service and recommended for grant of disability pension .
(f) As per judgements passed by Hon’able High court o[censored]ttar Pradesh Allahabad my disability is purely attributable to military service.

11. IT is now established /proved that disability caused to me is purely attributable to military service .
Rejection of my case of grant of disability pension is illegal /unjust.The decision passed by Release medical board and Inegrated HQ MOD (Army)are required to be revised being illegal /unjust.



PRAYER:-


In the view of above it is most humbly requested that the disability caused to me “GENERALIESED SEIZURE” caused to me while on Temporary duty may be please treated as attributable to Military Service and I may please be granted disability pension as para 7.2 of Govt. of India Ministry of Defence letter No. 1(2)/97/D(Pen-c) dated 31 Jan 2001. For this act of kindness I shall ever remain grateful to your honourand will pray for your prosperity.








Dated: 10 Feb 2010 (Ex DFR Pratap Singh)