O.A. No. 3 of 2012. Case: Anilkumar B. Aged 42 Years, (EX No. 13975167 F Naik of Army), S/o. Late Shri. T.N. Balakrishnan Pillai, Tirunellur Kizhakkethil, Kanjaveli. P.O., Kollam District, Kerala - 691602 Vs The Union of India, Represented by Its Secretary, Ministry of Defence, South Block, New Delhi - 110011, The Chief of The Army Staff, Integrated Headquarters (Army), South Block, New Delhi - 110001, OIC Records, Army Medical Corps Records, Lucknow, UP - 226002 and Principal Controller of Defence Accounts (Pension), Office Of The PCDA (P), Draupadi Ghat, Allahabad - 211014. Armed Forces Tribunal

Case NumberO.A. No. 3 of 2012
CounselFor Appellant: Sri. T.R. Jagadeesh, Adv. and For Respondents: Smt. E.V. Moly, Adv. Central Govt. Counsel
JudgesShrikant Tripathi, J. (Member (J)) and Lt. Ge. Thomas Mathew, PVSM, AVSM, Member (A)
IssueService Law
Judgement DateJanuary 09, 2013
CourtArmed Forces Tribunal

Order:

Shrikant Tripathi, J. (Member (J)), (Regional Bench, Kochi)

1. We have heard Mr. T.R. Jagadeesh for the applicant and Smt. E.V. Moly for the respondents and perused the record. The applicant Anil Kumar B. Ex No. 13975167 F has instituted the instant Original Application for the disability pension with effect from the date of his discharge.

2. The relevant facts are that the applicant joined the Indian Army on 17th December 1987 at AMC Centre, Lucknow in the trade of Nursing Assistant. When the applicant was posted at Military Hospital, Cannanore, he developed 'Essential Hypertension' and was referred to INHS, Sanjivani, Kochi for treatment. The Medical Board at INHS, Sanjivani placed the applicant in Low Medical Category BEE (Temporary). The applicant was, thereafter posted to Military Hospital Gurudaspur. After a gap of certain period, the applicant was again medically examined and was placed in medical category CEE (Temporary). Around two years thereafter, the applicant was placed in the medical category CEE (Permanent). Due to medical problems the applicant was unable to perform his duties effectively. So he requested for his release on compassionate ground. It is also alleged that the applicant was required to state whether he wished to continue in Low Medical Category or opted for unwillingness for further service. According to the applicant, he exercised the option to submit unwillingness for further service. Under these circumstances the applicant was released from the Army service with effect from 1st July, 2005. Before the release, a Release Medical Board was held at 151 Base Hospital on 29th April 2005 which recommended the applicant's release in low medical category S1H1A1P2 (Permanent)E1 for 'primary hypertension' and further opined that the disability had aggravated due to stress and strain of military service and assessed the same at 30% for life. The applicant's request for disability pension was turned down on the ground that he was discharged at his own request. Another ground of the refusal of the disability pension was that the applicant had, while seeking the discharge, furnished the undertaking that he would not claim any disability pension.

3. The learned counsel for the applicant submitted that no doubt the applicant was discharged on his own request but he had a disability which was aggravated due to the military service, therefore, his request for the disability pension was tenable as per the judgment of the Delhi High Court in Mahavir Singh Narwal v. Union of India and Others (2004 (74) DRJ 661). It was also submitted that the judgment of the Delhi High Court remained in tact even before the Apex Court, as the Special Leave Petition filed by the Union of India and...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT