Commutation Rule No.28: Appeal Against The Findings Of Medical Authority
28. Appeal Against The Findings Of Medical Authority:-
(1) Notwithstanding anything contained in rule 27, and applicant referred to in clause (c) of sub-rule (1) of rule 23 shall be eligible for second medical examination before the expiry of the period specified in sub-rule (1) of rule 27 if he feels that the medical authority in refusing commutation on medical grounds or making addition of years to his actual age has committed an error of judgment. Such an applicant may, within one month of the receipt of the certified copy of Part III of Form 5, from the medical authority, prefer an appeal by addressing a letter to the Head of Office that the opinion of the medical authority may be got reviewed by another medical authority mentioned in sub-rule (2) at his own expenses. He shall also indicate in the letter:-
(i) The medical authority which had examined him earlier and the date on which the examination took place;
(ii) The place where he has examined;
(iii) The opinion of the medical authority;
(iv) The date of birth and the date of retirement;
(v) The designation of the post held at the time of retirement.
(vi) The amount of pension authorized;
(vii) The percentage of pension which was originally applied for commutation;
[Authority: RBE No.151/2013, No.2011/F(E)III/1(2)/13, 14.01.2013]
(2) In case an applicant referred to in sub-rule (1) – (i) was examined previously by a Medical Officer, not lower in status than a Divisional Medical Officer or Civil Surgeon he shall be re-examined by a Medical Board, or (ii) was previously examined by a Medical Board, shall be re-examined by a second Medical Board, the members of which shall be different from those of the first Medical Board.
(3) The Head of Office shall, within one month of the receipt of letter under sub-rule (1), take steps for arranging the re-examination of the applicant. For this purpose, he shall address the Chief Medical Authority, where the applicant was examined previously. He shall, while addressing the Chief Medical Authority invites his attention to the provisions of sub-rule (2) and forward to it the following documents;
(i) Letter received from the applicant in original.
(ii) Certified copy of Form 5 received earlier by the Head of Office from the medical authority under clause (d) sub-rule (2) of rule 26.
(4) The Chief Medical Authority on receipt of communication from the Head of Office under sub-rule (3) shall arrange for the second medical examination of the applicant by a Medical Board which shall be constituted in accordance with the provisions of sub-rule (2). The Chief Medical Authority shall thereafter inform the applicant as to where and when he should appear for medical examination before the Medical Board or if necessary direct the Medical Board to communicate to the applicant the place, date and time of such examination.
(5) The applicant on receipt of the communication under sub-rule (4) shall appear for the medical examination before the Medical Board on the date and time, communicated to him.
(6) The Medical Board shall examine the applicant and if after the examination, it is of the view that the earlier opinion of the medical authority needs no revision or modification or needs revision or modification shall record its opinion and communicate the same to the Head of Office under intimation to the applicant and the findings of the Medical Board shall be binding on the applicant.
(7) If the Medical Board as a result of the second medical examination of the applicant, sets aside or modifies the opinion of the first medical authority, the findings of the Medical Board shall be deemed to have come into force on the date on which the first medical authority recorded its opinion and the claim of the applicant for commutation shall be settled accordingly.
(8) Nothing contained in this rule shall apply to an applicant in whose case the medical authority as a result of the first medical examination had directed that the first medical examination had directed that the applicant’s age for the purpose of commutation should be assumed to be greater than his actual age and the applicant received the commuted value with reference to the enhanced age.