PRITHVI SINGH Vs. U O I

JUDGEMENT

(1.) PETITIONER was invalidated from services on the ground of disability w. e. f. 22. 11. 1961. PETITIONER continued to get disability pension as per recommendations of the Medical Boards, held from time to time till 25. 5. 1990. The disability pension was discontinued w. e. f. 26. 5. 1990 on the ground of disability been assessed as nil percent by the Medical Board. PETITIONER was also informed accordingly in regard to discontinuance of disability pension w. e. f. 26. 5. 1990 vide order dated 29. 11. 1990. Though the petitioner could have filed an appeal against the above order within six months, however, the appeal was preferred only in March, 2003. The same was rejected by the concerning authorities vide letter dated 11. 12. 2003. In the present writ petition, filed in December, 2004, the petitioner has prayed for restoration of disability pension w. e. f. 26. 5. 1990 and in the alternative, allowing at least the special pension.

(2.) RESPONDENTS in their reply have given a detailed chart in regard to holding of Medical Boards from time to time and assessment of disability, so made by the Medical Boards. The last resurvey Medical Board met on 18. 8. 1990 and as per opinion and recommendation of the Medical Board, the disability been assessed as nil percent w. e. f. 18. 8. 1990 and the disability pension was stopped accordingly.