EX SAILOR ISHWAR SINGH Vs. UOI AND ORS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner complaining inter alia on the failure of the respondents to conduct the re-survey Medical Board of the applicant even though he was granted disability pension for two years at the time of invalidation on 28th February, 1972 from the Indian Navy on Medical grounds. The Petitioner has contended that on account of his medical condition, he overlooked the requirement of the re-survey Medical Board which was required to be conducted before the pension could be continued to the petitioner. It is also submitted that he did not receive the information with regard to his re-survey Medical Board which the respondents claim to have sent in this case.

(2.) On the hearing of this case on 13th December, 2012, the following submissions made by learned counsel for the respondents were noticed in the order of the appeal:-

(3.) It is pointed out by Colonel (Retd.) S.R. Kalkal, learned counsel appearing for the petitioner that communication was not received by the petitioner for the reason that instead of giving full name, the respondents had mentioned only the abbreviation which could not be recognized by the postal authority in the village. He submits that the address of the petitioner given in the memo of parties is correct.