Narender Singh v. Union Of India And ORS

CWP-5412 of 2025 (O&M) 3.

Learned counsel for the petitioner submits that a similar issue came for consideration before the Court where, the direction given for constitution of the Re-Survey Medical Board by the Tribunal vide order dated 09.12.2022 was upheld by this Court by passing an order in CWP No.34614 of 2024 decided on 15.01.2026 titled as Union of India Vs. Lt.Col. Anil Kumar Mago (Retd.) and another.

4.

Learned counsel for the petitioner submits that in the aforementioned case, order passed by the Tribunal has granted indulgence so as to allow for constituting a Re-Survey Medical Board despite delay, has already been upheld by this Court and therefore the order passed by the Tribunal in present case, declining indulgence on the ground of delay may kindly be set aside.

5.

Learned counsel for the respondent has not been able to rebut the fact that the claim raised to reassess the disability by holding a Re-Survey Medical Board cannot be dismissed on the ground of delay and further the Tribunal in the case of Lt. Col. Anil Kumar Mago's case (supra), had already granted the indulgence in somewhat similar case so as to direct the conduct of Re-survey medical board, which was upheld by this Court. 6.

We have heard learned counsel for the parties and have gone through the record with their able assistance. 7.

Once, the Armed Forced Tribunal in somewhat similar circumstances in Lt.Col. Anil Kumar Mago's case (supra), has

CWP-5412 of 2025 (O&M) granted indulgence so as to hold a Re-Survey Medical Board where the delay was almost of 25 years to reassess the disability, the similar relief claimed by the petitioner could not have been dismissed by passing a contrary order.

8.

Further, the order passed by Tribunal showing indulgence so as to direct for conducting a Re-Survey Medical Board in Lt.Col. Anil Kumar Mago's case (supra), had been upheld by this Court in CWP No.34614 of 2024, hence the order impugned passed by Tribunal in the present petition is contrary to the settled principle of law in Lt. Col. Anil Kumar Mago's case (supra), hence, the order passed by the Tribunal is set aside and a direction is given to the respondents to re-constitute the re-survey medical board and thereafter, in case any disability is found, an appropriate action be taken for the grant of disability pension in accordance with the rules governing the said law.

9.

The petition stands allowed in above stated terms. Let the said action be taken within a period of eight weeks from the date of receipt of copy of this order.

10.

Pending application, if any shall also stand disposed of. (HARSIMRAN SINGH SETHI ) JUDGE (DEEPAK MANCHANDA) JUDGE May 19, 2026 archana Whether speaking/reasoned Yes