Section 104 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
104. Appeal against the findings of Medical Authority.
(1)Notwithstanding anything contained in Regulation 103 an applicant who has been refused commutation on medical grounds or who has declined to accept commutation on the basis of addition of years to his actual age recommended by the Medical Authority shall be eligible for second medical examination before the expiry of the period specified in sub-regulation (1) of Regulation 103, 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 months of the receipt of the certified copy of Part III of Form 22, from the medical authority prefer an appeal by addressing a letter to the Director (Administration) that the opinion of the medical authority may be got reviewed by another medical authority mentioned in sub-regulation (2) at his own expenses.He shall also indicate in the letter:-(i)the medical authority which had examined him earlier and the dater 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,(v)designation of the post held at the time of retirement,(vi)the amount of pension authorised,(vii)the fraction of pension which was originally applied for commutation.(2)(i)The applicant referred to in sub-regulation (i) shall be re-examined by a Medical Board, or (ii) If he 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.(3)The Director (Administration) shall, within one months of the receipt of letter under sub-regulation (1), take steps for arranging the re-examination of the applicant. For this purpose, he shall address the appropriate Medical Authority and forwarded to it the documents :(i)A copy of the letter received from the applicant.(ii)certified copy of Form 22 received earlier by him from the Medical Authority under clause (c) of sub-regulation (2) of Regulation 102.(4)A copy of the letter addressed to the Medical Authority shall be endorsed to the applicant informing him where an when he should appear for medical examination.(5)The Medical Authority on receipt of communication from the Director (Administration) under sub-regulation (3) shall arrange for the second medical examination of the applicant.(6)The applicant on receipt of the communication under sub-regulation (4) shall appear for the medical examination before the Medical Authority on the date communicated to him.(7)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 Director (Administration) under intimation to the applicant and the findings of the Medical Board shall be binding on the applicant.(8)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 finding 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 shall be settled accordingly.(9)Nothing contained in this regulation shall apply to an applicant in whose case the medical authority as a result of 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.
