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| Controversy over percentage of disability | | HC directs for constituting medical board for examination of petitioner | | Early Times Reporter
Jammu | July 28
Justice Nirmal Singh of J&K High Court Jammu Wing today directed Medical Superintendent Government Medical College Jammu to constitute a Medical Board for examination of the petitioner.
This Court order was passed in a petition filed by Dwarka Nath who came to be enrolled in the Army on October 4, 1978 and was discharged from service on August 21, 1981 on compassionate grounds at the request made by the petitioner. The petitioner was reenrolled in defense security corps on May 31, 1982 and served up to 1987 when he suffered from intense pain in head and applied for medical leave which was granted. Before the petitioner could recover and join back, he received a communication on May 1988 from the respondents that he has been discharged from service on medical grounds. Petitioner applied for grant of disability pension which was rejected and later filed a petition before the High Court which was decided on March 27, 2002.
The High Court after allowing the petition had directed the respondents to implement the judgment and release service as well as disability pension in favour of the petitioner with effect from June 1, 1996 for life i.e. Rs 1275 PM and Rs 465 PM from the Same date till the next review is held by the medical board. In November, 2002 the petitioner was directed by the respondent to appear before the review medical board at Army Hospital Satwari Jammu, where he appeared for reassessment of his disability and remained admitted in the hospital for three days. It is stated that the petitioner was informed that his disability has been assessed at the same rate which was at the time of his discharge. Vide letter dated February 23, 2004, the petitioner was intimated that his disability has been assessed at less than 20 % i.e. 0 % and he is not entitled for future disability pension. The petitioner aggrieved by this order filed present petition.
Justice Singh, after hearing Adv RK Gupta appearing for the petitioner and CGSC Tashi Rabastan appearing for the Union of India & Ors and going through the objections filed by the respondents, observed that the re-survey medical board which as per the stand taken by the respondent examined the petitioner assessed the disability of the petitioner at 0% permanent. The said assessment appears to be doubtful as the percentage of the disability may be 0% but the same cannot be said to be permanent as normally, no opinion can be expressed in this regard even by specialist doctor that the disease from which an individual suffered and has recovered at any stage cannot develop the same in future. Court further observed that it will appropriate if the petitioner is got medically checked up from a civil medical board and accordingly directed the Superintendent GMC Jammu to constitute a medical board for examination of the petitioner. The petitioner would appear before the Superintendent GMC Jammu with a copy of this order who shall take further steps and would accordingly intimate the petitioner about the date on which he has to appear before the Medical Board. The report of the Medical Board would be submitted to the High Court in a sealed cover. JNF |
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