SRINAGAR, Sept 2: High Court has held that the Principal Controller Defense Accounts (PCDA) Pensions has no jurisdiction to reduce the disability percentage assessed by the Medical Board and said the benefit of disability pension applies in normal retirement cases also.
This finding was given by the Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar in a case whereby a retired Indian Army personal was denied the disability pension. The aggrieved retiree had joined the Indian Army on 18.02.1976 in a fit medical condition. He was discharged on 29.02.1992 after incurring disability of Lumbar Spondylosis with backache. At the time of discharge, his disability was assessed at 6–10% permanent.
It was considered aggravated by military service. However, the PCDA (P), granted disability pension at 20% for five years. Subsequently, the Re-Survey Medical Board (RSMB) held on 26.09.1996 assessed his disability at 20% for ten years, but the PCDA (P) arbitrarily reduced it to 11–14% without reasons.
The court said that the Principal Controller of Defence Accounts (PCDA) (Pension) has no jurisdiction to alter or reduce the disability percentage assessed by a duly constituted Medical Board as only a higher/review medical board can reassess it, and the benefit of rounding off of disability pension applies even in cases of normal retirement where disability is attributable to or aggravated by military service.
The court said that the opinion of a duly constituted Medical Board consisting of expert doctors carries primacy and the PCDA (Pensions) being only an administrative authority cannot alter or reduce the opinion. “The PCDA (P) has acted without jurisdiction in reducing the disability percentage from 20% to 11–14% despite the assessment of the Re-Survey Medical Board held on 06.09.1996”, read the judgment.
The court said the power and scope of PCDA(P), is very limited and normally the jurisdiction to sit over the opinion of the Medical Board cannot be conceded to it. “It is only in exceptional cases and as may be provided in Army instructions, the PCDA (P) may refer the matter back to the competent authority for placing it before the appellate Medical Board for reconsideration”, read the judgment.
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