GOVERNMENT OF INDIA Vs. M.K. SIVARAMAN

JUDGEMENT

(1.) HEARD the learned counsel for the appellants as well as the learned counsel for the respondent/petitioner.

(2.) THIS writ appeal has been filed against the judgment in O.P. No. 34724 of 2000 dated 23.9.2008, by which, the learned Single Judge allowed the writ petition filed by the petitioner/respondent quashing Exts. P2 and P4 and directing the respondents therein to continue to pay to the petitioner disability pension as before as if he has never become disentitled for pension. Government of India is in appeal against the said judgment.

(3.) LEARNED counsel for the appellants submits that the petitioner was never personally examined. Hence, his disability could not have been assessed at 11 -14%. The documents/papers pertaining to the report of the Medical Board have been brought on record. Ext. P4, which was sought to be quashed in the writ petition has expressly mentioned that Appellate Medical Board has found disability at less than 20%. It is useful to quote paragraph 3 of the letter, which is to the following effect: -