C.W.P.No.6455 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.6455 of 2007 Date of Decision : 22.02.2008. Parvinder Jit Singh .....Petitioner versus Union of India and others .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : Shri Rajesh Sehgal, Advocate for the petitioner. Ms.Ranjana Shahi, Central Government Standing Counsel for the Union of India. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. The petitioner has invoked the writ jurisdiction of this Court for issuing a writ in the nature of mandamus directing the respondents for payment of disability element of pension after his examination by Resurvey Medical Board, now named as Reassessment Medical Board. The petitioner was boarded out from the Army service on 17.7.1970 with 50% disability, i.e., Anxiety State with Schizoid Features disease, which was considered as aggravated by Military Service, after rending 6 years and 312 days of Army service. The petitioner was granted C.W.P.No.6455 of 2007 2 disability pension for some time, but was stopped without the petitioner being brought before the Resurvey Medical Board. Thus, the petitioner filed the present writ petition. In reply, it has been pointed out that the petitioner has been given disability pension upto 10.11.1976 as the Medical Authorities assessed his disability at 20% for 2 years from 16.8.1974 to 10.11.1976. Thereafter, the petitioner never appeared before the Resurvey Medical Board and hence, the petitioner cannot claim disability pension. It was averred that the petitioner cannot seek examination by the Resurvey Medical Board at this belated stage. It is pointed out that a letter dated 16.6.1976 was addressed to the petitioner for report before the Reassessment Medical Board, but the petitioner failed to report before the Reassessment Medical Board and, therefore, it is too late for the petitioner to seek examination by the Reassessment Medical Board at this belated stage. It is not disputed that the letter dated 16.6.1976, Annexure R-1 was addressed to the petitioner. The petitioner was boarded out from the Army service on account of the disease Anxiety State with Schizoid Features, which is a kind of mental disease. Instead of the sending the communication to the petitioner, the same should have been sent to next of the kin of the petitioner so as to enable the petitioner for assessment by the Reassessment Medical Board. In view of the fact that the petitioner is suffering from mental disability, we are of the opinion that there is no valid communication to the petitioner which could lead to the inference that the petitioner failed to C.W.P.No.6455 of 2007 3 appear before the Reassessment Medical Board for re-examination. In view thereof, we dispose of the present writ petition with a direction to the respondents to call upon the petitioner before the Reassessment Medical Board for re-examination, within a period of 3 months from today and if the petitioner is found eligible for disability pension, the same shall be released to him. The writ petition stands disposed of accordingly. (HEMANT GUPTA) JUDGE 22-02-2008 (MOHINDER PAL) *mohinder JUDGE