Ex. Sep Pritam Singh vs Union Of India And Another

Harsimran Singh Sethi, J

CM-7556-CWP-2025

Present application has been filed for placing on record the medical treatment record of the petitioner as Annexure P-10.

As prayed for, application is allowed.

Annexure P-10 is taken on record.

CWP-10773-2025

In the present petition, the challenge is to the impugned order dated 09.01.2025 (Annexure P-1) passed by respondent No.6-Armed Forces Tribunal, Chandigarh (in short, ‘the Tribunal’) by which, request of the petitioner to appear before the Re-survey Medical Board has been declined.

Learned counsel for the petitioner argues that the petitioner has been denied the benefit to appear before the Re-survey Medical Board for assessment of his disability on the ground that the option to appear before the Re-survey Medical Board was given to the petitioner in the year 1980 but the said option was not availed by the petitioner and hence, now after the delay of 44 years, such a request of the petitioner cannot be accepted.

Learned counsel for the petitioner argues that while declining the said benefit to the petitioner, Regulation-87 of the Pension Regulations for the Army 2008 ( in short, 2008 Regulations’), which deals with such a cirxumstances as is present in this case, where there is a refusal to appear before the Re-survey Medical Board by an army personnel has been ignored by the Tribunal. Learned counsel for the petitioner submits that as per the Regulation-87 of the 2008 Regulations, which has been appended with the present petition as Annexure P/6, a pensioner can appear before the Re-survey Medical Board for his assessment at any point of time even after such a pensioner has refused for the same at earlier point of time but the limitation imposed upon such a pensioner is that the benefit, if any, accrues to him/her will only be given from the date of recommendation of such Re-survey Medical Board and no benefit of arrears will be given, which condition is acceptable to the petitioner.

Learned counsel for the respondents-UOI submits that though, Regulation-87 of the 2008 Regulations exists but, the Tribunal vide impugned order dated 09.01.2025 (Annexure P/1) has rightly declined the claim of the petitioner as the same was raised by the petitioner after a period of 44 years, which delay is fatal and same has been rightly deal with by the Tribunal.

We have heard learned counsel for the parties and have gone through the record with their able assistance.

It is a conceded fact that there was a disability incurred by the petitioner which was assessed for the period of two years whereafter, the petitioner was requested to appear before the Re-survey Medical Board in the year 1980, which request was not accepted by the petitioner and ultimately, it was later in the year 2023 that an application for the reassessment of his disability before the Re-survey Medical Board was moved by the petitioner.

The issue present before us is to be dealt with according to the 2008 Regulations. Relevant Regulation-87, which deals with the issue at hand is as under:-

“REFUSAL TO APPEAR BEFORE RESURVEY MEDICAL BOARD

87.(a) In case a pensioner, who has been asked, to appear before the Re-survey Medical Board for assessment of his temporary disability, refuses to do so, the disability element of his disability pension shall be suspended from the date of such refusal, However, he shall continue to draw service element of disability pension.

(b)In case the pensioner, who has been asked to appear before the Re-survey Medical Board for re-assessment his disability but fails to respond within the period specified in call letter, he will be deemed to have refused to appear before the Re-survey Medical Board .

(c) If a pensioner, who has been deemed to have refused or has refused to appear before the Re-survey Medical Board as above, requests later to appear before the Re-survey Medical Board , the disability element, as may be due with reference to degree of disability re-assessed by the Re-assessment Medical Board, shall be payable from the date of such Re-Assessment Medical Board.”

A bare perusal of the above reproduction would show that even if a pensioner refuses to appear before the Re-survey Medical Board but, later on, requests for conducting the Re-survey Medical Board to assess his/her disability and in case, after the reassessment of such a pensioner qua he disability by the Re-survey Medical Board, any benefit accrues to the employee concerned, the said benefit can only be given from the date of recommendation of the Re-survey Medical Board and hence, the said regulation does not cause any prejudice to the respondents as benefit of arrears has been categorically denied and same has been conceded by the petitioner that he has no issue qua said reasonable restriction imposed upon him. The Tribunal has totally ignored the said provision of law which is very much applicable in the facts and circumstances of the present case.

Keeping in view the facts and circumstances recorded hereinbefore, the impugned order dated 09.01.2025 (Annexure P-1) passed by the Tribunal is set aside being perverse to the 2008 Regulations and a direction is issued to the respondents to conduct re-assessment of the disability of the petitioner by Re-survey Medical Board within a period of two months from the date of receipt of copy of this order and thereafter, act as per the opinion of the Re-survey Medical Board. Further, it is made clear that in case, the petitioner is found entitled for any benefit, the same will only be released from the date of recommendation of the Re-survey Medical

Present petition is allowed in above terms.

Civil miscellaneous application pending, if any, is also disposed of