In Absence Of Orthopaedic Doctor On Committee, Medical Certificate Of Disability Issued By CMO Cannot Be Disbelieved: Allahabad High Court

The Allahabad High Court has recently held that in absence of a medical officer specialising in orthopaedics on the Committee, medical certificate stating 60% disability issued the Chief Medical Officer cannot be disbelieved.“Certificate issued by a Chief Medical Officer could have been questioned only by the penal of medical officers in the field of orthopaedics, otherwise one could not say that merely because someone ran a business in the past, maybe he was a disabled, he would not be entitled for family pension,” held Justice Ajit Kumar.It was held that the said medical certificate would qualify the petitioner to receive family pension as he was a dependent of his now-deceased parents (based on Government Order dated 20.05.1997).By order dated 20.05.1997, the State Government has entitled disabled persons to family pension. The disability could be mental or physical, but should make earning of livelihood necessary for survival difficult.Factual BackgroundPetitioner's father was an ex-employee of the Kanpur Electricity Supply Company who retired on 31.05.1975 and thereafter, passed away in 2003. Petitioner's mother received his pension till her passing away in 2013. Petitioner being dependent on his parents applied for family pension. He was asked to furnish a medical certificate by the Chief Medical Officer or equivalent regarding his physical disability, with which he complied.The matter was referred to a four-member committee which rejected petitioner's claim on ground of the petitioner running a Public Call Office (PCO), which meant he was able to earn a livelihood. Aggrieved, petitioner approached the High Court for grant of family pension. High Court VerdictThe Court noted that it is an admitted position that the Government Order dated 20.05.1997 is applicable to the petitioner and department concerned. It was also admitted that the Senior Accounts Officer, upon demanding medical certificate was provided with it by the petitioner, and that the petitioner was 60% disabled.The Court observed that the respondents had not averred that the petitioner's medical certificate was obtained either by fraud or forgery. The Court further interpreted circular letter dated 20.05.1999 providing that a person would be entitled only for family pension if he/she/they could not survive owing to his disability. The Court held that even if aforementioned circular meant that a person would be provided pension only if he couldn't survive if not for family pension owing to his/her/their disability, the Committee did not return any finding as to how the petitioner would survive with 60% disability.The Court observed that even though the petitioner may have been running a PCO in the past, he failed to continue it and this could only be attributed to his disability. Such disability, rendering him unable to continue a business would qualify him for family pension.The Court observed that the Committee formed by the respondent did not have any medical officer on its panel who could question the medical certificate provided by the petitioner. it was held that the certificate could only be questioned had a medical officer specialising in orthopaedics been included in the Committee. The Court held that the outcome could have been different had a specialised medical officer been appointed to the panel. Since there was no reason to disbelieve the medical certificate enclosed by the petitioner, the writ petition was allowed. The competent authority was directed to provide family pension to the petitioner within a month of a certified copy of the order being produced before it.Case Title: Mohd. Jamil vs. Managing Director Kanpur Electricity Supply Company (Kesco) And 2 Others 2024 LiveLaw (AB) 460 [WRIT - A No. - 3143 of 2021]Case citation: 2024 LiveLaw (AB) 460Click Here To Read/Download Order

In Absence Of Orthopaedic Doctor On Committee, Medical Certificate Of Disability Issued By CMO Cannot Be Disbelieved: Allahabad High Court

Upasna Agrawal

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