NEUTRAL CITATION
C/LPA/1225/2023 ORDER DATED: 27/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1225 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 13379 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 1225 of 2023
With
R/CIVIL APPLICATION NO. 1343 of 2023
In
LETTERS PATENT APPEAL NO. 1225 of 2023
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SERGEANT BIRENDRA CHAUDHARY (RTD)
Versus
SECRETARY, MINISTRY OF DEFENCE
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Appearance:
PARTY IN PERSON(5000) for the Appellant(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 27/09/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) Order in CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1343 of 2023 The delay occurred in filing the Letters Patent Appeal is explained to the satisfaction of the Court. Hence, delay is condoned. Present Civil Application is allowed. The Appeal be treated to have been filed within time. Registry is directed to give pakka number to the Appeal.
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NEUTRAL CITATION C/LPA/1225/2023 ORDER DATED: 27/09/2023 undefined Order in LETTERS PATENT APPEAL NO. 1225 of 2023
1. Heard party- in-person.
2. Coming on the merits, the appellant herein (original petitioner) seeks to challenge the judgment and order dated 16.06.2023 passed by the learned Single Judge disposing of the Civil Application No. 1 of 2023 in Special Civil Application No. 13379 of 2021 which has been filed seeking to assail inaction on the part of the respondent authorities in not taking any action in accordance with the recommendation issued by the Court of Chief Commissioner for Persons with Disabilities (Divyangjan). The learned Single Judge has recorded that the issue with regard to assessment of the disability, if any, being faced by the petitioner / appellant herein cannot be resolved at the ends of the Chief Medical Officer, inasmuch, as, there are two certificates issued by the CMO, Lucknow on the recommendation made by the Court of Chief Commissioner for persons with disabilities. It was further noted that the Court of Chief Commissioner in its Page 2 of 5 Downloaded on : Fri Sep 29 20:39:25 IST 2023 NEUTRAL CITATION C/LPA/1225/2023 ORDER DATED: 27/09/2023 undefined order dated 30.07.2020 has recommended that the said certificate which is a disability certificate of the petitioner herein shall be assessed independently by a third Medical Board / Hospital for correct assessment of the disability percentage for the purpose of providing allowances as applicable.
3. Noticing the said fact, the learned Single Judge has observed that there are two options before the petitioner as to either he can get himself evaluated at the Command Hospital, Central Command, Lucknow or INHS Asvini Military Hospital, WR28-339, Near RC Church, Navy Nagar, Colaba, Mumbai - 400005. It is, thus, directed that the petitioner after informing the Air Officer Commanding, 47 Signals Unit, Air Force (Vadsar) can appear before the competent authority - Medical Board of one of the aforesaid two hospitals. The liberty has, thus, been granted to petitioner to approach the competent authority with the request for reassessment / evaluation of his disability condition, so as to get a proper certificate pertaining thereto. Page 3 of 5 Downloaded on : Fri Sep 29 20:39:25 IST 2023
NEUTRAL CITATION C/LPA/1225/2023 ORDER DATED: 27/09/2023 undefined
4. This order is being challenged by the petitioner on the premise that once the disability certificate is issued, there was no question of further evaluation. Moreover, the petitioner, according to him, is suffering from a disability which is incurable or a permanent disability.
5. Be that as it may, on various issues raised in the instant Appeal, we do not find any good ground to entertain the same for the simple reason that the petitioner cannot deny or resist the reassessment of the disability, from which he claims to suffer. It is evident from the record that there are contrary opinions in two certificates issued in favour of the petitioner.
6. In the said facts and circumstances, the Court of Chief Commissioner has rightly issued the direction on 30.07.2020 recommending that the said certificate be assessed independently by a Third Medical Board / Hospital for correct assessment of the disability percentage of the Page 4 of 5 Downloaded on : Fri Sep 29 20:39:25 IST 2023 NEUTRAL CITATION C/LPA/1225/2023 ORDER DATED: 27/09/2023 undefined petitioner.
7. For the aforesaid, we do not find any merit in the Appeal and the same is, accordingly, DISMISSED.
8. Civil Application for stay as well as any other application pending in the present Appeal, shall also stand disposed of, in view of the order passed in the Appeal.
(SUNITA AGARWAL, CJ ) (ANIRUDDHA P. MAYEE, J.) AMAR SINGH Page 5 of 5 Downloaded on : Fri Sep 29 20:39:25 IST 2023