Girish Dhawan vs Union Of India And Others

The applicant has moved MA 2039/2020 for placing Release Medical Board Proceedings qua the applicant as part of Court records which has been

received by him from Naval Hqs. now.

Counsel for the respondents submits that the averments made in the MA are entirely different from the main OA and to that extent he is right in

submitting so because in the OA, the applicant had stated that despite the fact that he was in low medical category. no Medical Board was conducted

and therefore, a prayer was made that respondent No.3 be directed to convene the Review Medical Board so that all the disabilities of the applicant

could be fairly assessed Today vide MA 2039/2020, the applicant is placing on record the relevant Medical Board Proceedings and it is the averment

of counsel for the applicant that as per the Release Medical Board Proceedings. the applicant was found to be suffering from four disabilities, out of

which disability No. 4 was opined to be attributable/aggravated to military service. It is further submitted that the composite assessment of all the

disabilities was 20% and the duration was opined to be five years. However, relying upon the judgment passed by the Hontle Supreme Court in

Commander. Rakesh Pandey versus Union of India and others decided on 28 Nov. 20197 It is submitted that the disability has to be considered for life

and therefore, the applicant be granted 20% composite disability which rounded off to 50%. The submissions made today are beyond the scope of the

main OA.

Counsel for the applicants submits that when the OA was filed. even the applicant was not aware about the Release Medical Board Proceedings

which has come to his notice during the pendency of the present OA. Applicant seeks to withdraw the present OA with liberty to file fresh one.

Counsel for the respondents has no objection to the same Keeping in view the aforesaid circumstances. the OA is allowed to be withdrawn with

liberty as prayed for.

Pending applications, if any, stand disposed off.