RAMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Keeping in view the facts and circumstances of the present case, and particularly the general principles of law relating to enforcement of rules, regulations and instructions for grant and/or declining of disability pension to the members of the Force, vide our Order dated 5th July, 2006, we had constituted a Special Committee and passed the certain directions. The Order reads as under:

(2.) The report of the Committee was filed in the Court on 22nd August, 2006 wherein the respondents had annexed various instructions and circulars issued by the competent authorities and had also recommended amendment of various formats. On 16th October, 2006, newly framed format of AFMSF- 15 to 17 were also filed on the Court record. A clarificatory was also filed on 27.11.2006 to clarify that the procedure for holding Re-survey Medical Board is not completely abolished and the same would be held as prescribed except where the disability is stated to be a permanent disease or of permanent nature. It was also clarified in this report that while determining the attributability of disability, the Medical Board would take into consideration and give effect to the statement of the Commanding Officer.

(3.) Thereafter, we had also heard the learned counsel appearing for the parties. Having given it a considered view, we make the following Order and direction for compliance by all concerned: