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High Court of Punjab and HaryanaCWP/17362/2017disposed of

Deepak v. Union Of India And ORS

2024-01-16Mr. Justice Jagmohan Bansal2 pages

CWP-17362-2017 (O&M) -12024:PHHC:005801

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-17362-2017 (O&M) Date of Decision : 16.01.2024 DEEPAK ......... PETITIONER V/S UNION OF INDIA AND ORS ......... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Rajeev Anand, Advocate for the petitioner.

Mr. Shivoy Dhir, Senior Panel Counsel for the respondents-Union of India.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through the instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of report dated 27.10.2016 (Annexure P-7); notice dated 01.02.2017 (Annexure P-10), report of Medical Board dated 01.02.2017 (Anneuxre P-11) and opinion of Review Medical Board dated 25.04.2015 (Annexure P-15) whereby he has been invalidated from the Force. The petitioner is further seeking direction to respondents to consider his claim for invalidation/disability pension. 2.

Counsel for the petitioner, at the outset, confines his prayer qua invalidation/disability pension and consequential benefits. He submits that petitioner has been invalidated on account of his medical condition which he suffered during service. He is eligible for disability/invalidation pension. The respondent, on the one hand, has invalidated him and on the other Anju Goel 2024.01.16 18:13 I attest to the accuracy and integrity of this document Chandigarh

CWP-17362-2017 (O&M) -22024:PHHC:005801 hand, neither disability nor invalidation pension has been released. 3.

Faced with this, counsel for respondents submits that Competent Authority would consider claim of the petitioner qua invalidation/disability pension and appropriate order shall be passed. 4.

In the wake of statements of both sides, the petition stands disposed of with a direction to respondents to pass speaking order within 6 months from today qua claim of the petitioner for disability/invalidation pension and consequential benefits. The order shall be passed after granting opportunity of hearing to the petitioner.

5.

Pending miscellaneous application(s), if any, shall also stand disposed of.

( JAGMOHAN BANSAL ) 16.01.2024 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No Anju Goel 2024.01.16 18:13 I attest to the accuracy and integrity of this document Chandigarh