Authorized Medical Board Decides the Level of Disability

Jai Narayan vs. Union of India and Ors

Filed under: Article 226 of the Constitution of India, 1950
Appellant: Jai Narayan (Ex. Hav.)
Respondent: Union of India and Ors.
Citation: 2003 VI AD (Delhi) 561
Court: In the High Court of Delhi
Judges: B.A. Khan and B.N. Chaturvedi

This is a case in which the disability percentage of Jai Narayan was reduced by the PCDA(P) without subjecting him to any superior medical opinion.

Facts

Jai Narayan was invalidated from service with 20% disability. He was sanctioned disability pension as per his assessed disability (20%), which he received for a period of about 10-11 years.

Thereafter he was subjected to the Re-Survey Medical Board, which again assessed his disability at 20%. But the Principle Controller of Defense Accounts (pensions), PCDA (P), Allahabad reduced it to 11-14%.

Consequently he was not paid any disability pension for a period of about 5 years. Thereafter, he was again subjected to the Resurvey Medical Board, which found his disability less than 20%, and therefore he was disentitled for grant of any disability pension.

Jai Narayan's main grievance was that for the period of 5 years for which the Re-Survey Medical Board had assessed his disability at 20% he had not been given any disability pension because the PCDA (P) had reduced his disability level. It was argued that the action of the PCDA (P) ran against the two previous judgments of the Court.

Observations of the Court

The Court examined the previous judgments that dealt with this issue and held that the PCDA (P) could not reduce or alter the disability percentage determined by the Re-Survey Medical Board unless Jai was subjected to a fresh Review Medical Board on the basis of any superior medical opinion.

Since this was not the case, the Court directed the concerned authority to re-consider Jai's case for the period of five years when he was not granted the disability pension.

It was further stated that in case there was no strong counter superior medical opinion available, the Re-Survey Medical Board would pass the appropriate orders, sanction and release the disability pension to Jai for that period within three months from the date of the order.

Sections Referred:

  • Article 226, Constitution of India, 1950