HAWALDAR FERY YADAV vs UNIOF OF INDIA AND 4 ORS

Judgment text excerpt

Neeta Sawant WP 276 OF 2019 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 276 OF 2019 Shri. Hawaldar Feru Yadav …. PETITIONER : VERSUS : 1. Union of India, through Ministry of Defence 2. Indian Coast Guard 3. Naval Group Insurance Fund (NGIF) 4. Bureau of Naviks 5. Indian Coast Guard-Delhi Headquarters …. RESPONDENTS Mr. Kiran Bapat, Senior Advocate i/b. Ms. Sayali Bhaidkar, for the Petitioner. Mr. Aniruddha A. Garge, for Respondent Nos.1 and 2. CORAM : S.M. MODAK AND SANDEEP V. MARNE, JJ. DATED : 24 MARCH 2026. JUDGMENT (Per Sandeep V. Marne J.) 1) By this Petition, filed under Article 226 of the Constitution of India, the Petitioner challenges the Re-survey Medical Board Report (RMB) dated 29 July 2009 resulting in reduction of his disability ___________________________________________________________________________ PAGE NO. 1 OF 18 24 March 2026 Neeta Sawant WP 276 OF 2019 pension from 30% to 15 % of last drawn basic pay. Petitioner was earlier certified to be 100% disabled in the Invalidation Medical Board (IMB) and was accordingly discharged from service on invalidation on medical ground of being permanently unfit under Rule 26 of the Indian Coast Guard (General) Rules, 1986 read with Central Civil Services (Extraordinary Pension) Rules, 1972 by order dated 7 July 2008. Upon being medically discharged, the Petitioner was sanctioned invalid pension under Rule 38 of the Central Civil Services (Extraordinary Pension) Rules, 1972, which is 50% of the last basic pay. Over and above the invalid pension, Petitioner also became entitled to disability element which was 30% of last basic pay on account of 100% disability certified by the IMB. However, a year later, the Petitioner was subjected to Re-survey Medical Board on