T.A. No. 152 of 2010. Case: Arun O. Nair, S/o. Omanakuttan Nair, Aged 24, Padinjarakuttu House, Moncompu P.O., Alleppey Dist., Kerala State Vs Senior Records Officer, O/c-Pension Grove, Records Brigade of Guards, Pin 900746, C/o. 56 APO, Addl. DTE Gen. Personal Service, Adjutant General's Branch, Integrated HQ of MOD (Army), DHQ P.O., New Delhi-110011 and Govt. of India, Ministry of Defence Appellate Committee, New Delhi, Rep. by Its Under Secretary, Defence. Armed Forces Tribunal
| Case Number | T.A. No. 152 of 2010 |
| Counsel | For Appellant: Sri. Johnson Manayani, Adv. and For Respondents: Sri. K.M. Jamaludeen, Sr. Panel Counsel |
| Judges | Mr. Shrikant Tripathi, Member (J) and Lt. Gen. Thomas Mathew, PVSM, AVSM, Member (A) |
| Issue | Service Law |
| Judgement Date | September 06, 2012 |
| Court | Armed Forces Tribunal |
Order:
Thomas Mathew, Member (A), (Regional Bench, Kochi)
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The petitioner was discharged from the Army on medical grounds after serving for two years. He is aggrieved by the denial of disability pension and filed this petition before the Hon'ble High Court of Kerala, which has been transferred to this Tribunal. The brief facts of the case is that the petitioner was enrolled in the Army on 07.3.2005. After undergoing recruit training at the Brigade of the Guards Regimental Centre at Kamptee near Nagpur, he was posted to his Batallion located at Nabha, Punjab on 11.2.2006. He was admitted in the Military Hospital, Patiala on 25.8.2006 due to abnormal behaviour. After initial treatment he was transferred to Command Hospital at Chandigarh where he was diagnosed as a case of "Schizophrenia F.20". Thereafter, based on the opinion of the classified specialist and the Invaliding Medical Board, the petitioner was invalided out of service on 15.5.2007. He was not granted any disability pension, however, invalid gratuity was paid to him. His appeal against the denial of disability pension was rejected by the authorities.
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The petitioner has averred that when he was enrolled in the Army, he was hale and hearty and found medically fit by the respondents. It is the strenuous military service that has caused the disease. The invaliding disease is attributable and aggravated by military service and he is entitled for disability pension. It is contended that as per the Entitlement Rules for Casualty Pensionary Awards, 1982 Rules 9 and 14, it is for the respondents to show that the disability could not be discovered at the time of enrollment. This dictum has been laid down in Baby vs. Union of India, 2003 (3) KLT 262 (FB), by the Hon'ble High Court of Kerala also. The petitioner has therefore prayed that the orders rejecting his disability pension claim be quashed and he be granted disability pension finding his disease as attributable and aggravated by military service.
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The respondents have submitted that the petitioner after his initial training for one year had been posted to his unit on 11.2.2006. He was admitted in the Military Hospital six months later after his leave due to his abnormal behaviour. He was treated by specialist doctors, who diagnosed his condition as Schizophrenia F.20. The medical authorities recommended that he be invalided out of service. An Invaliding Medical Board was conducted which assessed his disability as neither...
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