Sr. No. Orders 36 o/o09.11.2006 Present: grpt. R.s. Dhut, Advocate, for the petitioner. capt' s's. pandey, Advocate, for the respondents. + WP(CI No. 15368/2OO6 \rtur The learned couns'er appearing for the respondents has very fairly stated that the prea taken up by the petitioner that the Central Defence Account (pensions), Allahabad, had no jurisdiction to reduce the percentage of disabifity pension of the petitioner from 70o/o to 600/o (i.e. a reduction of L}o/ol is correct. In view of the judgment of this court in the case of 103 (2003) DLT 269 (DB), the petitioner would be enti'ed to receive the disabirity pension @ 7o%o, but the arrears should be restricted to rast three years from the date of firing of this petition with right to the respondents to subject the petitioner, if necessary, to a Re-survey Medicar Board. we find that the stand taken by the respondents is fair, just, equitabte and is in consonance with the judgments of the supreme court and this court. consequenuy, this writ petition is disposed of with direction to the respondents to grant to the petitioner, the disability pension with disability efement being 7o%. However, the arrears recoverabre by the iACHKHAND PRINTERS OT'05 Digitally Signed By:AMULYA Signing Date:07.10.2023 10:49 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified Sr. No.' November 09, 2006 sk Orders petitioner would be restricted for a period of 3 years immediately preceding filing of the present writ petition' Right of the respondents to subject the petitioner to a Re- Survey Medical Board is kePt open. The payment of disability pension to the petitioner in accordance with the Rutes be made within a period of 3 months from the date of passing of this order' Accordingly, the writ petition stands disposbd of. Parties are left to bear their own costs. File be consigned to the Record Room' $ 3-c@ G.S. SISTANI, J. \\{{,t\ o ( k,* C.-o+a.c,prq V tA F-Ut'h,r.a"r*, l\$' ^ cnl\, - \qn..aZn KUMAR, J. iAGHKHAND PRINTERS OI'05