IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WA.No. 2223 of 2004() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.17816/2000 DATED 14/06/2004 .................... APPELLANTS/RESPONDENTS IN THE O.P: ------------------------------------------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. THE CHIEF CONTROLLER OF DEFENCE PENSION, G3/RA/SECTION, CCDA (P), ALAHABAD, UTHAR PRADESH. 3. THE OFFICER IN-CHARGE AND COMMANDING, ASC (AT) RECORDS, PAHARPUR - GAYA, BIHAR-823 005. BY ADV. SRI.K.R.RAJKUMAR, ADDL.CGSC RESPONDENT/PETITIONER IN THE O.P: -------------------------------------------------------- R.RAMAKRISHNAN, AGED 46 YEARS, S/O. A.RAGHAVAN (LATE), KATTUVILA HOUSE, KUNDUMON, P.O. VELICHKALA, KOLLAM. BY ADV. SRI.P.RAMAKRISHNAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ W.A.No.2223 of 2004 - C =============================== Dated this the 20th day of November, 2008. J U D G M E N T KOSHY, J. The writ petitioner is an ex-serviceman. He served the Indian Army from 17.5.1977 to 30.9.1984. While he was serving as a Lance Naik as can be seen from Ext.P1, he was granted 20 % disability pension. He had undergone a major surgery in Appolo Hospital. Consultant Spine Surgeon, by Ext.P10 opined that there is a de-generative disc L4 L5 with prolapse and his physical disability is 90%. Resurvey Medical Board conducted on 2.7.1997 also found that his condition was aggravated. According to the petitioner Resurvey Medical Board recommended 100% disability. It is the case of the petitioner that because of the injury he is unable to move and he is bed ridden. Therefore, he is entitled to 100 % disability pension. But by Ext.P9, disability was re-fixed as 30%. Ext.P8 shows that Resurvey Medical Board recommended maximum disability pension for life. Despite the Resurvey Medical Board's certificate as well as the certificate from the Appolo W.A.No.2223 of 2004 - C 2 Hospital, fixation of 30% disability by the appellant was not correct and he approached this Court with that contention. Learned Single Judge, after considering the entire evidence and pleadings found that he is entitled to 100 % disability pension. We are of the view that there is no ground to interfere in the order of the learned Single Judge. The Resurvey Medical Board as well as the Appolo Hospital found that it is a case where he is unable to do any work. Therefore he is entitled to 100% disability pension. There is no reason for disallowing disability pension. We fully agree with the order of the learned Single Judge and we are not reiterating the same and hence we dismiss the appeal. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-