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2003 DIGILAW 164 (GUJ)

JYOTSNA M. DESAI @ JYOTSNA M. CHHAYA v. STATE

2003-03-25

J.N.PATEL

body2003
JAYANT PATEL, J. ( 1 ) WITH the consent of both the sides the matter is taken up for final hearing. ( 2 ) THE short facts of the case are that the petitioner was working as Assistant Teacher with Sir Bhavani Sinh Vidyalay, Danta and the petitioner was having multiple medical problems and she applied for invalid pension to the District Education Officer (DEO), Banaskantha. As per the order dated 8-10-1998, respondent No. 3 permitted the School to relieve the petitioner from service for invalid pension w. e. f. 31-10-1998. The Principal of the School intimated to the petitioner the decision of the DEO and after relieving of the petitioner, the petitioner had to produce the certificate from the competent authority. It is the case of the petitioner that the petitioner offered herself for physical examination before the Civil Surgeon as well as before the Medical Board. However, the Medical Board declined on the ground that it would not fall within their jurisdiction. The Civil Surgeon as per the certificate dated 4-8-1998 declared the petitioner as physically incapable for the service and the papers were accordingly forwarded for fixing the pension of the petitioner. But as no decision was taken and under these circumstances the present petition. ( 3 ) ON behalf of respondent No. 5, Shri D. S. Vasola, Dy. Director of Pension and Provident Fund has filed the affidavit-in-reply and he has stated that for sanctioning invalid pension, the certificate of the Medical Board is required to be issued by the Medical Board and the Deponent has referred to the various provisions of the rules. The Assistant Education Inspector on behalf of respondent No. 3 has filed the affidavit contending that since the certificate of the Civil Surgeon was not found to be proper certificate and the insistence was for production of certificate from Medical Board, the pension case has not been sanctioned. ( 4 ) THE petitioner has impleaded Medical Board of Gujarat State as party and Mr. Dabhi, learned AGP appearing on behalf of the Medical Board states that if the direction is given by this Court to undertake the physical examination of the petitioner and to issue the certificate in accordance with law, there would not be any objection to the concerned authority. ( 5 ) MR. Dabhi, learned AGP appearing on behalf of the Medical Board states that if the direction is given by this Court to undertake the physical examination of the petitioner and to issue the certificate in accordance with law, there would not be any objection to the concerned authority. ( 5 ) MR. NANAVATI, learned Counsel appearing for the petitioner states that the petitioner was even otherwise also ready for physical examination by the Medical Board and in his submission as such the petitioner had produced herself for physical examination, but the Medical Board had declined the request and, therefore, he submitted that the petitioner has no objection in once again for producing herself before the Medical Board for physical examination, but he requested some time bound direction may be given so that the pension case of the petitioner can be finalized at the earliest. ( 6 ) CONSIDERING the above and more particularly in view of the affidavit-in-reply filed by the Dy. Director, Pension and Provident Fund, I am of the view that if the Medical Board, respondent No. 6 is directed to examine the petitioner and to issue the medical certificate in accordance with law, there will not be any serious prejudice and on the contrary when the authority sanctioning the pension is insisting for the certificate by the Medical Board, it is more required that the petitioner should produce the certificate of the Medical Board. ( 7 ) UNDER the above circumstances, I am of the view that the following directions shall meet with the ends of justice:7. 1 The petitioner shall produce herself for physical examination by Medical Board of Gujarat State, respondent No. 6 herein within a period of six weeks from today and respondent No. 6 i. e. Medical Board of Gujarat State shall examine the petitioner and shall issue the certificate regarding physical condition of the petitioner and forward the same to respondent No. 5 within a period of four weeks from the completion of the physical examination of the petitioner. 7. 2 Respondent No. 5, after the receipt of the certificate, shall take appropriate decision for finalization of the pension papers of the petitioner within a period of four weeks thereafter. ( 8 ) THE petition is allowed in terms of the aforesaid directions. Rule made absolute accordingly. No costs. 7. 2 Respondent No. 5, after the receipt of the certificate, shall take appropriate decision for finalization of the pension papers of the petitioner within a period of four weeks thereafter. ( 8 ) THE petition is allowed in terms of the aforesaid directions. Rule made absolute accordingly. No costs. ( 9 ) IN view of the order passed in the main matter, no orders in Civil Application. Direct service is permitted. .