SHIIV NARAYAN Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) THE petitioner was found to be suffering from planter facistis (L) (OL) during the course of his employment with the General Road Engineering Force in the year 1982 and was placed in Medical Category III temporary for six months. It is contended that on 22nd November, 1983, the medical board had upgraded the petitioner's medical category to GREF (II) (Permanent) for two years. On a subsequent review medical board conducted on 21st May, 1988, the petitioner was placed in medical category BEE permanent and the degree of his disablement was assessed at 20%. The petitioner claims that on [RDS1] account of his sickness, he sought voluntary retirement and was discharged by the respondents on 31st July, 1991. A grievance is made that despite entitlement, the extraordinary pension to which he was entitled under the CCS(EOP) Rules, 1972 has not been released to him.

(2.) THE petitioner had earlier filed W.P.(C) No. 2151/2008 complaining against the inaction by the respondents. This writ petition was disposed of by an order passed on 21st August, 2008 by this court directing the respondents to examine the petitioner's case including the medical records to verify whether the disability of the petitioner is attributable to or aggravated by military service and in case it is so found, then the petitioner would be entitled to disability pension restricted to a period of three years prior to filing of the writ petition.

(3.) THE second aspect of the matter would arise for consideration only thereafter.