IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 7024 of 2008(J) ---------------------------------------- PETITIONER(S): ----------------------- MR.M.V.BHASKARAN, S/O.KORAN, RESIDING AT SMITHA BHAVAN, POST PALLIKUNNU, KANNUR DIST., KERALA 1030901/RA/PEN. BY ADV. MR.C.K.SREEJITH RESPONDENT(S): ------------------------ 1. OFFICER IN CHARGE, RAKSHA SURAKSHA CORPS ABHILESH, DEFENCE SECURITY CORPS RECORDS, MILL ROAD, CANNANORE. 2. THE OFFICER IN CHARGE KAVACLUT CORPS ABHILESH, ARMORED CORPS, AHMEDNAGAR. 3. UNION OF INDIA, REP. BY SECRETARY TO GOVT. DEPARTMENT OF DEFENCE, NEW DELHI. ADV. SRI.P.J.PHILIP, C.G.C FOR R1-3 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7024/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PENSION GRANTING CERTIFICATE . P2:- COPY OF THE CERTIFICATE ISSUED BY THE KOYLEE HOSPITAL. P3:- COPY OF THE ORDER DT. 28.8.02. P4:- COPY OF THE LETTER DT. 24.6.02. P5:- COPY OF THE LETTER DT. 16.3.02. P6:- COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DEFENCE MINISTER DT. 18.5.06. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE OPINION GIVEN BY MAJOR CHATTEPPADHYAY SURGICAL SPECIALIST, MINISTRY OF HOSPITAL JAMMU. R1(b):- COPY OF THE PROCEEDING OF MEDICAL BOARD DT. 30.10.72. R1(c):- COPY OF THE ORDER PPO NO.D/35-62-74 DT. 6.6.74. R1(d):- COPY OF THE PROCEEDINGS OF MEDICAL BOARD DT. 11.12.94. R1(e):- COPY OF THE ORDER PPO NO.D/RA/3194/75 DT. 27.2.75. R1(f):- COPY OF THE ARMOURED CORPS RECORDS LETTER NO.1030901X/RA/93/PEN DT. 28.8.02. R1(g):- COPY OF THE LETTER NO.1030901/RA/95/PEN DT. 30.7.03. R1(h):- COPY OF THE LETTER NO.G-3/RA/10/02/20819/IV DT. 5.6.03. R1(i):- COPY OF THE EXTRACT OF PARA 173 OF PENSION REGULATION OF ARMY 1961. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7024 of 2008-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2009. JUDGMENT The petitioner is seeking for the grant of disability pension by conducting a medical test by a competent body. The petitioner was enrolled in Armoured Corps on 1.4.1961. He was a football player in the Armed Corps Division Football Team. While he was participating in the organized game by Army and playing football match in between 16th Cavalry and 17 Poona Horse, he sustained severe head injuries. This happened in August, 1967. The petitioner continued the service till December 1972. He was placed in the Low Medical Category BEE permanent and was invalidated out of service with effect from 13.12.1972 after serving only 11 years and 7 months in the Indian Army. 2. The petitioner was sanctioned disability pension with effect from 13.12.1972 as per Ext.P1. He submits that he is having permanent disability of 65% and has produced Ext.P2 in support of the claim. 3. The petitioner appeared before the Medical Board on 12.7.1972 at INHS Sanjivini, Naval base, Kochi. The Medical Board assessed the disability below 20%. According to the petitioner, this was without wpc 7024/2008 2 assessing the disability properly. 4. The petitioner submits that the present conditions of disability is more than 20% and the rejection of the pension on the ground that the disability is below 20%, is unjustified. 5. The respondents have filed a counter affidavit detailing the circumstances under which the claim was rejected. Ext.R1(g) is the order passed in July 2003 after re-assessment of the disability element. The Re- survey Medical Board was held on 12.7.2002 and it is concluded that the disability is between 6 - 10%, i.e less than 20% for life with effect from 11.12.1974. He was directed to file an appeal against the decision within six months. Admittedly the petitioner has not filed any appeal against the said order. 6. Learned Central Govt. Standing Counsel appearing for the respondents therefore submitted that the disability as assessed by the Medical Board is final and therefore nothing could have been done in the matter. 7. Learned counsel for the petitioner submitted that the petitioner is prepared to subject himself for an examination by a Medical Board afresh and he will be able to establish that his disability is more than 20%. 8. Even though the petitioner's claim was rejected as per Ext.R1(g), if wpc 7024/2008 3 there is any disability above 20% which enable him to claim disability pension, a fresh opportunity to prove the same could be granted. In that view of the matter, if the petitioner approaches the second respondent with a representation along with a medical certificate, the second respondent will see that the petitioner will be examined by the Medical Board afresh and depending upon the outcome of the said examination, the matter will be reconsidered. The petitioner is granted one month's time from today to file the appropriate application and the competent authority will arrange for the medical examination within a further period of three months thereafter. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/