Govind Mathur, J. - (1.) The petitioner was invalided out of the services on 12.12.1983 on account of the RT Fracture Femur Shaft. The disability pension was sanctioned to the petitioner up to 30.7.1997. The petitioner was called by Resurvey Medical Board at Military Hospital, Jodhpur for reassessment of disability occurred to the petitioner. The Medical Board consisting of experts in the field of medicines and surgery found the petitioner's disability to the tune of 20% attributable to military services. The proceedings of the medical board were duly approved by the competent medical authority. The grievance of the petitioner is that though the expert body found disability to the tune of 20% attributable to military services but principal Controller of Defence Accounts, Ahmedabad (PCDA) without examining the recommendations made by the competent medical board reduced disability from 20% to 11-14% as a consequence of which disability element of pension has been stopped. Sh. S.K. Nanda appearing for the petitioner states that the PCDA is having no jurisdiction to reduce disability as pointed out by the body of experts. To substantiate the contention he relied upon a Single Bench's judgment of this Court in S.B. Civil Writ Petition No. 3113/96 Bhanwar Lal v. Union of India and Ors . wherein this Court held as under : "...reducing the disability without referring to the Medical Board or without hearing Medical examination of the petitioner therein and without providing any opportunity to explain his case and produce necessary material before the respondent before the decision to reduce the pension arrived at, was violative of the principles of natural justice. ....once re-survey Medical Board had found the disability at particular magnitude and authorities had some dispute, it should refer this case to higher medical board for expert opinion."
(2.) I have perused the pleadings of the case and the documents annexed thereto. The present controversy is squarely covered by the judgment of this Court in the case of Bhanwar Lal (supra), therefore, the 'writ petition deserves to be allowed. The impugned order reducing the disability below 20% is held to be arbitrary and therefore, the same is hereby quashed.
(3.) The respondents are directed to pay arrears of the pension at the rate they were paying before issuing of the order impugned dated 27.3.2000. The arrears arising out of the above direction shall be paid to the petitioner within a period of three months from the date of the receipt of the certified copy of this judgment. The respondents, however, are at liberty to refer case of the petitioner to superior Medical board and take a fresh decision on the report of such board after getting the petitioner medically examined. Cost of the petition is made easy.;