DASS Vs. THE UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner herein is aggrieved by the order dated Nov. 5, 1988, by which it has been found that the petitioner is not entitled to the grant of disability pension as his disability was below 20 per cent. Mr. R.S. Saini, learned counsel for the petitioner, submits that, in fact, the disability of the petitioner is more than 20 per cent. He asserts that if the Army authorities are directed to get the petitioner re-examined, it would be found that he is suffering from a disability of more than 20 per cent.

(2.) Mr. Ashutosh Mohanta, learned counsel for the respondents, states that in case the petitioner represents to the appropriate authorities, a fresh Medical Board shall be constituted within a period of three months from the date of the receipt of the representation. In case the disability of the petitioner is found to be more than 20 per cent, appropriate orders for the grant of disability pension shall be passed.

(3.) Mr. R.S. Saini, learned counsel for the petitioner, is satisfied with this relief and does not press the petition. Accordingly, it is directed that in case the petitioner submits a representation to the appropriate authorities, a Medical Board shall be constituted within three months thereafter. In case, the disability of the petitioner is found to be 20 per cent or more, appropriate orders for the grant of disability pension shall be passed. In the circumstances of the case, I make no order as to costs. The petition is accordingly disposed of. Petition disposed of.