EX NAIK RAM KISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Army on 20.1.1978 and was invalided out of the military service with effect from 25.7.1993 as he was suffering from the disease 'Tear Medical Menisus (RT) Knee (old). It is the case of the petitioner that at the time of invalidation of the petitioner from military service, the disease of the petitioner was attributable to and/or aggravated by the military service and the disability was assessed at 20% for 5 years with effect from 25.7.1993. The petitioner was paid the disability pension and thereafter was subjected to a Re-Survey Medical Board on 10.1.1998 at Base Hospital, Delhi Cantt. The disability of the petitioner was stated to be 20% but the PCDA (P) Allahabad assessed the disability of the petitioner as less than 20% (i.e. 11-14%) and the claim of the petitioner for continuation of the disability pension was not accepted. Vide letter dated 19.3.1999, Annexure P5 to the Writ Petition, the disability pension of the petitioner was stopped as per the decision taken by the pension authorities at Allahabad. According to the petitioner, he was entitled to continuation of disability pension as the Medical Board had recommended the pension of the petitioner to be 20% and PCDA (P) Allahabad had no jurisdiction to alter the findings or to sit over the judgments of the Medical Board and consequently, the order declining the payment of pension to the petitioner was entirely without jurisdiction.

(2.) The respondents have not disputed the facts in the present case. The relevant part of the proceedings of the Medical Board, which have been placed on record even in the form of a summary, reads as under:-

(3.) A bare reading of the above documents issued by the respondents themselves clearly shows that the disability of the petitioner was 20% as was recommended by the Medical Board and the same findings had been disturbed by the Pension Authorities at Allahabad, who had no jurisdiction to disturb the opinion of the Medical Board.