1 S.B. CIVIL WRIT PETITION NO.3562/1998 (LR's of late Shri Gulab Singh Vs. U.O.I. & Ors.) Date of Order :: 22.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.D.K. Parihar, for the petitioners. Mr.V.K. Mathur, for U.O.I. Heard learned counsel for the parties. The writ petition was filed by late Gulab Singh ex- serviceman for the claim of disability pension and during pendency of the writ petition Gulab Singh died on 18.06.2000 thereafter his legal representatives were taken on record. In this case, it is prayed that respondents may be directed to restore the disability pension Rs.15/- per month and refix the pension of late Gulab Singh ex-serviceman in the revised pension scheme. Ex-serviceman late Shri Gulab Singh was granted disability pension, but in the year 1986 the claim of disability pension was rejected on the ground that disability is found nil in medical examination. Thereafter, late Gulab Singh filed an application for reviewing his claim for the purpose of granting 2 disability pension. Learned counsel for the petitioners while inviting attention of this Court towards Annexure-2 dated 24th May, 1997 submits that in pursuance of legal notice sent by him a communication was received by late Gulab Singh sent by Senior Record Officer for OIC Records (Annexure-2), in which, it is stated that as per the existing rules, you are not eligible to get pensionary awards. However, your re-survey medical board documents have been forwarded to Military Hospital, Jaipur to submit your substantial increase claim to CCDA (Pensions), Allahabad. You are advised to report to MH Jaipur (Raj.) along with their call up letter No.RSMB/States/Mar/19/97 dated 24th April, 1997 for your re-survey medical board. In pursuance of the said communication, late Gulab Singh appeared before the MH Jaipur and his disability was assessed 25% and said certificate issued by the Medical Board was communicated to the respondents for granting disability pension. The claim of late Gulab Singh was rejected on the ground that earlier claim for disability pension was rejected vide communication dated 14th April, 1986, therefore, although the case of late Gulab Singh was forwarded for re-survey by the Medical Board and Medical Board after examination found that 3 disability is 25%, therefore, obviously respondents were under an obligation to reconsider the case of late Gulab Singh for grant of disability pension. But upon perusal of Annexure-R/5 dated 16th February, 1998, it is obvious that without application of mind and without considering the re-survey conducted by MH Jaipur, the claim of late Gulab Singh for disability pension was rejected on the ground that earlier his claim was rejected on 14th April, 1986. In my opinion, the order Annexure-R/5 dated 26th February, 1998 is totally without application of mind because on the one hand case of ex-serviceman late Gulab Singh was sent for re-survey by the Medical Board vide communication dated 24th May, 1997 and after getting medical report from Medical Board from MH Japuir in which late Gulab Singh was found eligible for pensionary benefits as he was having 20% disability for which late Gulab Singh was entitled for disability pension, but on the other hand, the case of ex-serviceman late Gulab Singh was rejected on the ground that earlier his claim was rejected by the respondents. In this view of the matter, I deem it just and proper to direct the respondents to reconsider the case of ex- serviceman late Shri Gulab Singh for grant of disability pension 4 on the basis of medical report assessed by the Medical Board of MH, Jaipur dated 27th May, 1997 and if late Shir Gulab Singh held entitled for disability pension then arrears of pension shall be paid to the petitioner within a period of three months from the date of receipt of certified copy of this order. Further it is directed that case of family pension of the petitioners may also be considered in accordance with law. With the above directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-