- (1.) This intra-Court appeal has been filed by the writ: petitioner of S.B. Civil Writ Petition No. 3476/07 against the order dated 19.3.2008 passed by the learned Single Judge. The short facts of the case are that the appellant was granted disability pension from 27.11.1987 to 27.9.1990. With a view to see whether it should continue from 28.9.1990 onwards, a Resurvey was done by Medical Board on 18.11.2003 and accordingly disability pension was directed to be restored to appellant from 19.11.2003. However, pension for intervening period from 28.9.1990 to 18.11.2003 was denied by the respondent to the appellant for want of his not appearing before Resurvey Medical Board in time. Dissatisfied with the denial order, the appellant-petitioner preferred writ petition out of which this appeal arises. The learned Single Judge dismissed the writ petition filed by the appellant. Aggrieved by the said order, this appeal has been preferred.
(2.) Heard learned Counsel for the parties and perused the record. The learned Counsel for the appellant contended that having rightly restored the disability pension to the appellant on 19.11.2003 by the Resurvey Medical Board, it erred in denying the same for the intervening period only on the ground that the petitioner-appellant did not appear before the Resurvey Medical Board. He contended that since the disability pension was restored on 19.11.2003 to appellant and the disability also continued till that day, it had to be held rather presumed that the disability continued to remain as it is even during the intervening period i.e. from 28.9.1990 to 18.11.2003, and on this count only, the impugned order deserves to be quashed.
(3.) In reply, the only contention of the Counsel for the respondent-Union of India was that since appellant-petitioner failed to appear before the Resurvey Medical Board and hence, his case for grant of disability pension was closed on the expiry of period mentioned in the pension order and hence there is no infirmity in the order of the learned Single Judge.;