HAV JAI NARAYAN Vs. UOI

JUDGEMENT

(1.) Petitioner was invalided out of service on 1st of September, 1986 with 20% disability. He was sanctioned disability pension @ 20%, which he received from 1.9.1986 to 12.1.1998. He was, thereafter, subjected to the Re-Survey Medical Board, which again assessed his disability at 20%. But PCDA(P), Allahabad reduced it to ranging between 11 to 14%. He was, consequently, not paid any disability pension from 13.1.1998 to 4.2.2002. Meanwhile, he was again subjected to the Re-Survey Medical Board on 2nd of November, 2002 which found his disability less than 20% disentitling him for grant of any disability pension from 2nd of November, 2002 onwards.

(2.) Petitioner's grievance still remains for the period between 13.1.1998 to 1.11.2002 for which his percentage of disability was assessed at 20% by the Re-survey Medical Board but was reduced to between 11 to 14% by PCDA(P), Allahabad. It is submitted by petitioner's counsel that this action of PCDA(P), Allahabad ran counter to the directions passed by this Court in two judgments of this Court dated 15.11.2002(CWP.No.3868/93) and 6.3.2003(CWP.5166/00).

(3.) We have gone through those judgments and under these PCDA(P), Allahabad could not reduce or alter the disability percentage determined by the Re-Survey Medical Board, unless the petitioner was subjected to a fresh Review Medical Board on the basis of any superior medical opinion, which is not the case here.