Hemant Gupta, J. - (1.) 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.
(2.) 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 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.
(3.) 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.;