The facts giving rise to the writ petition are as follows.
Appellant companytended that he was also entitled to such enhancement and that Government of India was number entitled to discriminate in this regard junior officers who retired before 1.1.96 and those who are in service on or after 1.1.96.
Before his retirement appellant was subjected to examination by the Medical Board which assessed the appellants war injury disability at 30, permanent for life.
As stated above in the writ petition, the appellant also claimed enhancement of percentage of disability.
As stated above, appellant retired on 30.11.89.
During the period 30.11.89 to 25.10.99 the appellant was given 8 years weightage in years to be added to his qualifying service in order to companypute his service pension.
Both these challenges failed as can be seen from the impugned judgments of the High Court in W.P. C No.268/2001 dated 8.11.2004 and Review Petition No.438/2004 dated 15.12.2004.
After war, he was retained in service, granted permanent companymission and allowed to work till 30.11.89 when he was released on superannuation on companypletion of 51 years of age after putting in qualifying service of 26 years.
He was entitled to weightage of 5 but since his pension fell below that payable to a Major he was given an additional weightage of 3.
He was also numberified for war disability pension for which he was paid arrears with effect from 30.11.89.
He was an officer in the Sikh Light Infantry.
In 1965 while fighting in Jammu and Kashmir sector against Pakistani troops appellant got a shell injury in his left shoulder.
According to the appellant, under Government of India, Ministry of Personnel, vide Circular No.45/22/97 PPW C dated 3.2.2000, the percentage of disability stood enhanced from 30 to 50 in case of junior officers in the armed forces who were in service on 1.1.96.
Appellant appeared in person.
This was during National Emergency created by Chinese invasion.
In 1962 appellant was companymissioned as an officer in Indian Army.
When he retired, in 1989, he was allowed weightage of 53 in years in order to protect his pension.
Hence, this civil appeal.
KAPADIA, J. By filing writ petition in the Delhi High Court, petitioner appellant herein , a retired Lieutenant Colonel Time Scale , sought weightage of 8 years to be added to the actual qualifying service as also enhancement of percentage of disability, in short, he asked for refixation of the pension.
