LEELA RAM DARJI Vs. UOI

JUDGEMENT

(1.) Petitioner was enrolled in Army on 26.10.1983. He was downgraded to medical category CEE (Temporary) from 27.10.1993 due to disease Schizophrenia. He was further downgraded to medical category BEE (P) from 9.11.1995. He was eventually discharged on the recommendation of Medical Board with 30% disability for two years from 31.1.1999. His claim for disability pension was, however, rejected. Hence this petition.

(2.) Respondents, in their counter, have justified the findings of PCDA (P) in rejecting petitioner's claim but it is conceded by their counsel that matter was covered by two DB judgments of this court in as much as petitioner's disability was found to have been attributable to or aggravated by military service as per the opinion of the Medical Board and that the claim for disability pension could have been turned down only if PCDA (P) had referred him to Review Medical Board which was not done in this case. Petition is accordingly allowed in terms of two DB judgments of this court and respondents order denying petitioner the disability pension is quashed. It shall, however, be open to them to refer the petitioner to a Review Medical Board, if so advised, within two months from receipt of this order. In case they fail to do so within the prescribed time they are directed to sanction and release petitioner's disability pension from the date he was invalided out of service along with arrears but without interest. Petition allowed.