Gujarat High Court
Sergeant Birendra Chaudhary ... vs Secretary, Ministry Of Defence on 27 September, 2023
Bench: Aniruddha P. Mayee
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.
NEUTRAL CITATION
C/LPA/1225/2023 ORDER DATED: 27/09/2023
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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
NEUTRAL CITATION
C/LPA/1225/2023 ORDER DATED: 27/09/2023
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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.
NEUTRAL CITATION
C/LPA/1225/2023 ORDER DATED: 27/09/2023
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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
NEUTRAL CITATION
C/LPA/1225/2023 ORDER DATED: 27/09/2023
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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
