EX. SEP PRITAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present petition, the challenge is to the impugned order dtd. 9/1/2025 (Annexure P-1) passed by respondent No.6-Armed Forces Tribunal, Chandigarh (in short, 'the Tribunal') by which, request of the petitioner to appear before the Re-survey Medical Board has been declined.

(2.) Learned counsel for the petitioner argues that the petitioner has been denied the benefit to appear before the Re-survey Medical Board for assessment of his disability on the ground that the option to appear before the Re-survey Medical Board was given to the petitioner in the year 1980 but the said option was not availed by the petitioner and hence, now after the delay of 44 years, such a request of the petitioner cannot be accepted.

(3.) Learned counsel for the petitioner argues that while declining the said benefit to the petitioner, Regulation-87 of the Pension Regulations for the Army 2008 ( in short, 2008 Regulations'), which deals with such a cirxumstances as is present in this case, where there is a refusal to appear before the Re-survey Medical Board by an army personnel has been ignored by the Tribunal. Learned counsel for the petitioner submits that as per the Regulation-87 of the 2008 Regulations, which has been appended with the present petition as Annexure P/6, a pensioner can appear before the Re-survey Medical Board for his assessment at any point of time even after such a pensioner has refused for the same at earlier point of time but the limitation imposed upon such a pensioner is that the benefit, if any, accrues to him/her will only be given from the date of recommendation of such Re-survey Medical Board and no benefit of arrears will be given, which condition is acceptable to the petitioner.