PARIHAR, J. - (1.) PETITIONER was invalidated from services on the ground of disability w. e. f. 22. 11. 1961. PETITIONER continued to get disability pension as per recommendations of the Medical Boards, held from time to time till 25. 5. 1990. The disability pension was discontinued w. e. f. 26. 5. 1990 on the ground of disability been assessed as nil percent by the Medical Board. PETITIONER was also informed accordingly in regard to discontinuance of disability pension w. e. f. 26. 5. 1990 vide order dated 29. 11. 1990. Though the petitioner could have filed an appeal against the above order within six months, however, the appeal was preferred only in March, 2003. The same was rejected by the concerning authorities vide letter dated 11. 12. 2003. In the present writ petition, filed in December, 2004, the petitioner has prayed for restoration of disability pension w. e. f. 26. 5. 1990 and in the alternative, allowing at least the special pension.
(2.) RESPONDENTS in their reply have given a detailed chart in regard to holding of Medical Boards from time to time and assessment of disability, so made by the Medical Boards. The last resurvey Medical Board met on 18. 8. 1990 and as per opinion and recommendation of the Medical Board, the disability been assessed as nil percent w. e. f. 18. 8. 1990 and the disability pension was stopped accordingly. The petitioner alleged to have been suffering from Pulmonary Tuberculosis. There cannot be any dispute that 13 Medical Boards were constituted for assessment/re-assessment of disability of the petitioner for the period from November, 1962 till August, 1990. The disease suffered by the petitioner been gradually cured, disability and corresponding pension was also reduced as per recommendations of the Medical Boards from time to time. Learned counsel for the petitioner laboured hard to assail the working of the authorities of the respondents as also pleaded ignorance of procedure and relevant regulations on the ground of petitioner been illiterate. In absence of any proper pleadings, no observations in this regard can be made by this court. The petitioner continued to get the disability pension right from the year 1962 till 1990 without any objection or protest of any kind. One cannot be allowed to challenge the whole procedure and opinion of the Medical Boards after lapse of more than a decade on the ground of ignorance and been illiterate. Even no directions can be issued by this court for constituting a fresh Medical Board for reviewing the disability so as to allow the petitioner disability pension under the relevant rules and regulations after a lapse of more than 15 years. Handicaps of old age can never be attributed to disease originally suffered until unless specific finding is given by the medical experts at the relevant time. Even nothing has been placed on record by the petitioner also in this regard. Alternative plea for special pension also cannot be accepted since the special pension can only be granted under discretionary powers of President of India in certain cases. It may be pertinent to mention here that sympathies, sentiments and emotions never make a good law. The court has to decide the issues strictly as per material available on record and the relevant rules and regulations. Having considered entire facts and circumstances, the relief, as sought, cannot be granted. The writ petition is dismissed accordingly as having no merits. .;