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Neutral Citation No. - 2025:AHC:137950 Court No. - 5 Case :- WRIT - A No. - 7467 of 2025 Petitioner :- Shailesh Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Dubey Counsel for Respondent :- C.S.C.,Suresh Singh,Vimlesh Kumar Rai Hon'ble Saurabh Shyam Shamshery,J.
1. In pursuance of order of this Court dated 12.08.2025, Dr. Amit Singh, Deputy C.M.O., Varanasi, Dr. Ajay Kumar Singh, M.O. (Psychiatrist) are present and have assisted the Court who are identified by Sri M.C. Chaturvedi, learned Senior Advocate/Addl. Advocate General assisted by Sri A.K. Gupta, Additional C.S.C.
2. Petitioner has claimed that he falls within the parameter of family pension on a ground of disability.
3. Petitioner has placed reliance on a medical certificate dated 08.11.2021, though Court finds that there are some ambiguity in said certificate.
4. Otherwise also, since it is an old certificate, therefore, it is directed that petitioner shall remain present before new Medical Board which has already been constituted by a communication dated 01/04.01.2024. A notice for appearance was issued to petitioner but he has not appeared on date fixed.
5. Therefore, prayer sought cannot be granted at this stage considering that there must be a certificate that not only petitioner is disabled but he is not able to earn his livelihood.
6. The petitioner is directed to remain present before new Medical Board on 20.08.2025 at 10.00 AM. The
Board will re-assess the disability of petitioner and will also endorse the reports of Clinical Psychologist. Respondents ensure that process of reassessment of petitioner be concluded on same day.
7. In aforesaid circumstances, this writ petition is
disposed of with an observation that on basis of fresh medical certificate, if case of petitioner falls within parameter of Circular dated 23.06.2023, his claim for family pension be considered.
Order Date :- 13.8.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad