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VOLUME – I           CHAPTER 2



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                         Provided  that  no  fee  shall  be  payable  by  the  applicant  in  respect  of  his  first
                  medical examination by a Services Medical Officer or Board.


                         (b)  where medical board is convened for pensioners residing outside India,
                  necessary fee as fixed shall be deposited in full by the applicant in the Indian mission
                  who shall arrange payment to the members of the medical board.

                  APPEAL AGAINST THE FINDINGS OF THE MEDICAL AUTHORITY

                  62.    (a) An applicant who has once been refused commutation on medical grounds or
                  who has once declined to accept commutation on the basis of an addition of years to the
                  actual age, shall be eligible for second medical examination even before the expiry of one
                  year  since  the  first  examination,  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 C, from the medical authority, prefer an appeal
                  by addressing a letter to the Principal Controller of Defence Accounts (Pensions) that the
                  opinion  of  the  medical  authority  may  be  got  reviewed  by  another  medical  authority
                  mentioned in clause (b) below, at his own expenses. He shall also indicate in the letter the
                  following information: -
                           (i)   The  medical  authority  which  has  examined  him  earlier  and  the  date  on
                                 which the examination took place,
                           (ii)  The place where he was examined,
                           (iii)  The opinion of the medical authority,
                           (iv)  The date of birth and the date of retirement/discharge/invalidment,
                           (v)  Rank held at the time of retirement/discharge/invalidment,
                           (vi)  The amount of pension authorised,
                           (vii)  The fraction of pension which was originally applied for commutation.

                         (b) In case the applicant referred to in clause (a) above, was previously examined
                  by a medical board, he shall be re-examined by a second medical board, the members of
                  which shall be different from those of the first medical board.

                         (c) The  Principal  Controller  of  Defence  Accounts  (Pensions)  shall,  within  one
                  month  of  the  receipt  of  letter  under  clause  (a)  above,  take  steps  for  arranging  the  re-
                  examination of the applicant. For this purpose, he shall address the Chief Administrative
                  Medical  Authority,  where  the  applicant  was  examined  previously.  He  shall,  while
                  addressing  the  Chief  Administrative  Medical  authority  invite  his  attention  to  the
                  provisions of clause (b) above and forward to it the following documents: -
                           (i)  Letter received from the applicant, in original,
                           (ii) Certified copy of Form C received earlier from the medical authority.

                         (d) The  Chief  Administrative  Medical  Authority  on  receipt  of  communication
                  from Principal Controller of Defence Accounts (Pensions) under clause (c) above shall
                  arrange for the second medical examination of the applicant by a medical board which
                  shall  be  constituted  in  accordance  with  the  provisions  of  clause  (b)  above.  The  Chief
                  Administrative Medical Authority shall, thereafter, inform the applicant as to where and




                  Pension Regulations for the Army, Part II (2008)




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