EX NK HARPAL SINGH Vs. UOI

JUDGEMENT

(1.) RULE D.B. With the consent of the parties the writ petition is taken up for final hearing. The petitioner claim disability pension from 1st November, 1996 as according to him the Medical Board assessed the petitioner's disability as 20%. The petitioner has been denied this w.e.f. 11th October, 1996 as the PCDA contrary to the W.P.(C) 22013/2005 Page 1 of 2 assessment of the Medical Release Board reassessed the disability of the petitioner at less than 20% i.e. 11% to 14% and accordingly he was found dis- entitiled to avail of disability. It is evident that the PCDA has sat over in appeal over the assessment made by Re-Survey Medical Board held on 1st November, 1996 and this reassessment by the PCDA Allahabad was contrary to the position of law laid down by this court in Ex.Ct.Jasbir Singh and Ors. Vs. Union of India and Others. and Ex.Signalman Shri Bhagwan Vs. Union of India and Others. The Re-Survey Medical Board had clearly assessed the petitioner's disability on 1st November, 1996 as 20%. It is clear that CDA (P) Allahabad was not competent to sit in judgment over the report of the Re-Survey Medical Board as per the position of law laid down in the above judgments and reduce the assessment of the disability done by the Board. Accordingly the writ petition is allowed and the petitioner shall be entitled to disability pension w.e.f. 1st November, 1996 as per the assessment made by the Re-Survey Medical Board. All the arrears pertaining to the disability pension to the petitioner as per such assessment shall be paid to the petitioner not later than 30th June, 2006.

(2.) THE writ petition stands disposed of accordingly.