JASBIR SINGH Vs. UOI

JUDGEMENT

(1.) We have heard learned counsel for the parties in detail. The Office Order No. M.III. 1/99-EC-8 has been carefully read over by us. This Report substantiates the invalidation from service of the Petitioner. It does not deal with the vital question of whether the invalidation was caused or was attributable to his service with the Respondents. Learned counsel for the Respondents, on instructions, correctly submits that a Medical Board shall be constituted within 90 days from today with the specific purpose of ascertaining whether the Petitioner's invalidation is attributable to his service with the Respondents. This, in our view, is the correct approach to be adopted. It is ordered accordingly.

(2.) In this case, the Petitioner has been diagnosed to be suffering from Schizophrenia. In the Counter Affidavit, it has been pleaded that the Petitioner did not sign the requisite Form for grant of payment from the Risk Fund. Keeping in view his medical ailment, it may not have been proper for the Respondents to obtain his signature without his 'Next Friend' being available. Since the Petitioner has already been diagnosed as suffering from Schizophrenia, this formality need not be adhered to. Needless to state that if the invalidation of the Petitioner is attributable to his service, the Respondents, as model employers, shall disburse the necessary benefits/pension.

(3.) We have also perused the Judgment dated 16.5.2007 of the Supreme Court in UOI v. Bashirbhai R. Khiliji, Appeal (Civil) No. 686/2005. In view thereof, it is evident that the Petitioner would also be entitled to the benefits of Risk (Premia) Fund. The Respondents are directed to disburse the amount to which the Petitioner would be eligible under this Fund within 90 days from today.