ROSHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE brief facts necessary for the adjudication of this petition are that the petitioner was enrolled in the Army in ASC (Supply) on 7.5.1949. He was invalided out of service with effect from 23rd October, 1959 due to Pulmonary Tuberculosis. The invaliding Medical Board has assessed his disability at 100% and he was granted disability pension at the rate of Rs.35/- per month with effect from 24th March, 1959 to 22nd October, 1960 vide CDA (Pensions) Pension Payment Order No.D/4594/60. He was brought before the re-survey medical board from time to time and granted disability pension as under:-

(2.) MR . Suneet Goel has strenuously argued that his disability has been assessed at 20% for 10 years by the re-survey medical board on21st January, 1995 and thus, his case could not be rejected vide letter dated 30th March, 1995 by PCDA (Pensions) Allahabad who re-assessed the disability at less than 20%

(3.) THE petitioner was enrolled in the Army on 7th May, 1949 and invalided out of service with effect from 23rd October, 1959 due to Pulmonary Tuberculosis. The invaliding Medical Board had assessed his disability at 100%. The disability of the petitioner was assessed at 20% for 10 years by the re-survey medical board on 21st January, 1995. This assessment has been done by a validly constituted medical board. The PCDA (Pensions), Allahabad could not reject the case of the petitioner by re-assessing his disability at less than 20% (11-14%) vide letter dated 30th March, 1995. The medical board alone is competent authority with requisite expertise to assess and re-assess the disability of an individual. The PCDA (Pensions), Allahabad lacks the expertise to re-assess the disability.