O.A. Nos. 130 of 2010, 100 of 2011 and 109 of 2012. Case: 1. Nanda Kumar J, Aged 34 Years, No. 769270K Ex. CPL, IAF, S/o Late A. Jayaraman, 29/972, Arpana Road, Kadebhagam, Palluruthy P.O., Kochi, Ernakulam, Kerala, Pin -682006, 2. Rajumon T.M., Aged 41 Years, EX-SEP No. 13978552 - W, AMC, Aiswarya Bhavan, Veliyanadu P.O., Alleppey District, Kerala State, Pin -689590, 3. No. 116316 EX-Nah-1, P. Salim, Aged 35 Years Indian Navy, S/o P.N. Damodaran, Puthupparambil House, Mezhuveli P.O., Pathanamthitta Dist, Kerala State - 689507 Vs 1. The Union of India, Represented by The Secretary, Ministry of Defence (Air Force), South Block, New Delhi- 110001 and Ors., 2. The Union of India, Through The Secretary, Ministry of Defence (Army), South Block, New Delhi- 110001, The Chief of Army Staff, DHQ P.O., Integrated Hqrs, Ministry of Defence, South Block, New Delhi- 110001, The Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad, Uttar Pradesh Pin -211014 and The Officer-in-Charge (Records) Records Army Medical Corps, Lucknow Cantt, Uttar Pradesh, .... Armed Forces Tribunal
| Case Number | O.A. Nos. 130 of 2010, 100 of 2011 and 109 of 2012 |
| Counsel | For Appellant: Sri. Ramesh, C.R., Adv. and For Respondents: Shri K.M. Jamaludheen, Central Govt. Counsel in O.A. No. 130 of 2010, Sri. P.J. Philip, Central Govt. Counsel in O.A. No. 100 of 2011 and Sri. Tojan J. Vathikulam, Central Govt. Counsel in O.A. No. 109 of 2012 |
| Judges | Shrikant Tripathi, J. (Member (J)) and Lt. Gen. Thomas Mathew, PVSM, AVSM, Member (A) |
| Issue | Armed Forces Tribunal Act 2007 - Section 14 |
| Judgement Date | January 17, 2013 |
| Court | Armed Forces Tribunal |
Order:
Shrikant Tripathi, J. (Member (J)), (Regional Bench, Kochi)
1. In these three matters, common questions of law and facts are involved, therefore, they are being disposed of by this common order. In the instant Original Applications filed under Section 14 of the Armed Forces Tribunal Act, 2007, the applicants have claimed disability pension.
2. The relevant facts of each case are being narrated separately as follows:
(i) OA No. 130 of 2010: The applicant, Nandakumar. J., No. 769270 K, joined the Indian Air Force on 20.12.1994. He was found medically fit in the primary medical examination at the time of enrolment. During July 1998, while working at 153 Helicopter Unit, Udhampur in Jammu and Kashmir, he had reported to the unit medical authorities with complaints of diminished appetite and generalised weakness. He was referred to Command Hospital (NC) for the opinion of the Classified Specialist. Since he was showing the symptom of depression, he was referred to Psychiatrist and was diagnosed as a case of Schizophrenia. He was placed in low medical category "CEE (T-24) by the Medical Board held on 12 October 1998. He, thereafter, went on annual leave. Since he behaved abnormally, he was taken to INHS Sanjeevani at Kochi by his father, and was referred to Command Hospital (Air Force) Bangalore. After treatment at Command Hospital, he showed improvement and became asymptomatic. He was recommended to continue in low medical category "CEE (Temp)". He was reviewed periodically and during the review held in April 2002 at Military Hospital, Meerut, he was placed in low medical category CEE (P). Finally, by the Invaliding Medical Board held on 26th August, 2002 at Military Hospital, Meerut, he was recommended to be invalided out of service in low medical category, EEE. The Medical Board considered his disease as neither attributable to nor aggravated by service. The percentage of disability was fixed at 50% for life. Consequently, the applicant was invalided out of service on 23.10.2007. The applicant's claim for disability pension was rejected by the P.C.D.A., which was intimated to him by the Air Force Record Office, vide letter dated 30.10.2003. The first appeal preferred by the applicant was rejected on 21st Dec 2004 holding that the disability was neither attributable to nor aggravated by the service, The second appeal preferred before the Defence Ministers Appellate Committee on Pension, was also dismissed vide letter dated 25th October 2005. Hence, the instant O.A. for a direction to the respondents to grant disability pension with effect from 23.10.2002, the date of discharge, with interest.
(ii) OA No. 100 of 2011: The applicant, Rajumon T.M., No. 13978552 W, was enrolled in the Indian Army on 17.11.1988 as a sepoy and was invalided out of service on 18.5.1998 after rendering 9 years and 6 months service, as he was diagnosed with Schizophrenia. The Invaliding Medical Board was held on 30th March, 1998 at Command Hospital, Western Command, Chandimandir, which found that onset of the invaliding disease was in August 1993, during which period the applicant had served at a peace station and accordingly held that the disability was neither attributable to nor aggravated by military service, and further opined that the disease of the applicant was constitutional in nature and not connected with service. The disability was assessed at 30% for two years. The applicant's claim for disability pension was rejected by the C.C.D.A. (Pension) Allahabad vide letter dated 4.1.1999 and communicated to the applicant by the AMC Records vide letter dated 15.1.1999. Though the applicant preferred the first appeal, it was rejected by the First Appellate Committee and it was communicated to the applicant vide letter dated 22.5.2000. The applicant took up the matter for grant of disability pension with the Government through Member of Parliament. He was intimated by the Ministry of Defence, vide Annexure A6 communication dated 7th November, 2009, that the matter had already been considered and his appeal against rejection of disability pension claim was rejected earlier by the competent authority. More so, the applicant had not preferred any second appeal against the dismissal of his first appeal and hence the application is premature.
(iii) OA No. 109 of 2012: The applicant, P. Salim, No. 116316, was enrolled in the Indian Navy on 3rd August 1994 and was invalided out of service on 13.6.2001 on account of the Invaliding Disease, "Schizophrenia". During 1998, the applicant showed some abnormal behaviour and was diagnosed as a case of "Catatonic Schizophrenia" and was placed in low medical category S3 A2 with effect from November 1998. During the review held in May 1999, he was found to be asymptomatic and low medical category continued. Thereafter, while on medical leave, the applicant met with an accident on 9th August, 1999, suffered a severe head injury, hospitalised at Naval Hospital in Cochin and later his skull was operated upon at Command Hospital, Bangalore. The applicant was brought before a Medical Board and the Medical Board recommended invalidment of the applicant. The Medical Board had opined that the IDs (i) Catatonic Schizophrenia and (ii) Head injury were neither attributable to nor aggravated by military service, but assessed the disability at 40%. Accordingly, the applicant was invalided out of service on 13.6.2001. The claim for disability pension was rejected by the PCDA(P), Allahabad, which was communicated to the applicant vide letter dated 29.5.2003 (Annexure A6). The applicant preferred the first appeal on 23rd November, 2003 before the First Appellate Committee but the claim was rejected and communicated to him on 24.9.2004 vide Annexure A7. Though the applicant preferred a second appeal before the Defence Minister's Appeal Committee on Pensions, but the second appeal was also dismissed on 16.11.2006 vide Annexure A9. The applicant, then filed the Writ Petition (C) No. 21723 of 2006 before the Hon'ble High Court of Kerala, against the rejection of his claim for disability pension, which was dismissed as infructuous on 18.12.2006. Thereafter, the applicant preferred another Writ Petition (C) No. 23683/07, which was also dismissed as withdrawn on 7.8.2007. The applicant then filed O.A. No. 55 of 2011 in the Chennai Bench which was dismissed as withdrawn with a liberty to file the O.A. at Kochi.
3. We have heard Mr. C.R. Ramesh for the applicants in all the matters and Mr. K.M. Jamaludeen, Senior Panel Counsel and Mr. P.J. Philip and Mr. Tojan J. Vathikulam, Central Government Counsel, for the respondents.
4. Mr. C.R. Ramesh appearing for the applicants submitted that all the applicants had been found medically fit at the time of their respective enrolments and nothing adverse had been noted at that point of time. He further submitted that the disability "Schizophrenia" sustained by the applicants was diagnosed during the service and there was nothing to show that family conditions contributed the disability or it was hereditary...
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