OA 509 of 2010. Case: Amrik Singh Vs Union of India and others. Armed Forces Tribunal
| Case Number | OA 509 of 2010 |
| Counsel | For Appellant: Mr. Surinder Sheoran, Advocate and For Respondents: Mrs. Geeta Singhwal, Sr. PC |
| Judges | Justice N.P. Gupta, Judicial Member Lt Gen (Retd) H.S. Panag, Administrative Member |
| Issue | Service Law |
| Judgement Date | August 14, 2012 |
| Court | Armed Forces Tribunal |
Order:
(Regional Bench At Chandimandir)
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Heard learned counsel for the parties. By this petition, the petitioner claims to be granted disability pension.
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The facts, as alleged by the petitioner are, that he joined the Army service with effect from 16.01.1970, and was invalided out with effect from 26.03.1979. While he was serving at Yol Camp, he developed pain in his left ear and reported sick, where he was treated and was found to be patient of CSOM (Left), and was down-graded in low medical category CEE temporary against the disease 'CSOM'. On 20.09.1974, Medical Board was held and he was down-graded in low medical category BEE temporary for six months, declaring his disability as attributable to military service, due to infection contracted in service. This Medical Board proceedings have been produced as Annexure A-1. It is thereafter alleged that on 30.09.1978 he was admitted in M.H., Barelley, where he was found to be the patient of NEUROSIS. He was given treatment, but his condition did not improve, and was recommended to be invalided out. The Invaliding Medical Board held on 26.03.1979 recommended the disability NEUROSIS, assessing it at 20%, for two years, and opined it to be neither attributable to nor aggravated by Military service. This has been produced as Annexure A/2.
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The petitioner's case further is that since he was suffering from two disabilities, CSOM and NEUROSIS, but Invaliding Medical Board had given findings only against NEUROSIS, and had not given any findings against CSOM. The claim for disability was rejected, which was communicated vide letter dated 20.02.1980. Then his appeal was also rejected, as intimated vide letter dated 13/17.08.1981. It is also alleged that he sought medical documents, which were supplied to him under RTI, and thereby he learnt, that the Medical Board held on 20.09.1974 had declared his disability CSOM as attributable to Military service, but since no finding in that regard was given by the Invaliding Medical Board, the claim for disability pension has been laid.
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On 01.09.2010, notice of this OA was issued. Then the reply was filed on 30.11.2010. Then, when the matter was taken up on 11.02.2011, this aspect was noticed that disability CSOM surfaced in 1971, and the respondents were directed to make available the complete medical history from 1971 till discharge. Then the matter went on being adjourned, and on 05.07.2011 learned counsel for the respondents showed us the medical...
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