Allahabad High Court
Uma Shanker Yadav vs State Of U P And 3 Others on 28 July, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:124592 Court No. - 5 Case :- WRIT - A No. - 16028 of 2022 Petitioner :- Uma Shanker Yadav Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Krishna Kumar Mishra Counsel for Respondent :- C.S.C.,Suyash Agarwal Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Krishna Kumar Mishra, learned counsel for the petitioner and Sri Suyash Agarwal, learned counsel for the respondents.
2. The petitioner's claim for family pension was rejected on the ground that he has not able to substantially proved his hearing disability was to the extent that he is not able to secure livelihood for himself. Challenge was made by the petitioner to the order dated 18.08.2022 by way of present writ petition wherein this Court has passed the following order dated 29.04.2025 :-
"The petitioner shall appear before the Principal, BRD Medical College, Gorakhpur on 05.05.2025. The Principal, BRD Medical College, Gorakhpur shall constitute a medical board of competent doctors for examining the nature and extent of disability of the petitioner. The board shall also give an opinion whether the disability of the petitioner is curable or the use of technological aids like hearing aids can reduce the impact of impaired hearing. The board shall also give an opinion whether with the existing disability the petitioner can secure livelihood for himself or not.
Sri Subranshu Shekhar Singh, learned Additional Chief Standing Counsel to file an affidavit along with the medical report of the Principal, BRD Medical College, Gorakhpur by the next date of listing.
List in the top ten cases on 14.05.2025."
3. The respondents have placed a report dated 15.05.2025 that the petitioner has appeared on 05.05.2025 and his PTA test was conducted with the finding that Bilateral Profound Hearing loss. He was then to undergo BERA (Brainstem Evoked Response Audiometry) test for which he was called on 07.05.2025 but he has not appeared on that date.
4. Sri Krishna Kumar Mishra, learned counsel for the petitioner on the basis of instructions submits that the petitioner has appeared on 07.05.2025. Though there is no proof of it. Otherwise also there is no reason for the responsible medical doctors of the BRD Medical College, Gorakhur to make said declaration that the petitioner has not appeared on 07.05.2025.
5. With the aforesaid circumstance, this writ petition is disposed of that in case, the petitioner appears on 06.08.2025 before the Medical Board, further tests be conducted and a report shall be submitted to the respondents and on the basis of it, a fresh decision be taken.
6. The Court takes note that certain averments made in the writ petition appears to be incorrect, however, at this stage, the Court has ignored the said averments.
7. The writ petition is accordingly, disposed of.
Order Date :- 28.7.2025 sailesh