OA No. 32 of 2010. Case: Burns Thaiparambil, Aged 36 Years, S/o. Antony Thaiparambil, Thaiparambil House, K.K. Road, Opp. Akshaya Hospital, Kadavanthra, Kochi - 682020. (No. 762127 B, Ex. SGT) Vs Union of India, Represented by its Secretary, Ministry of Defence, New Delhi, Under Secretary to Government of India, Ministry of Defence, New Delhi and Wing Commander, OIC P & WW (DP) for AOC, Air Force Record Office, Subroto Park, New Delhi. Armed Forces Tribunal
| Case Number | OA No. 32 of 2010 |
| Counsel | For Appellant: M/s. Santhosh Kumar T.P. and Lalu Mathews, by Advs. and For Respondents: Smt. E.V. Moly, Central Govt. Counsel for R1 to R3 |
| Judges | Mr. Shrikant Tripathi, Member (J) and Lt. Gen. Thomas Mathew, PVSM, AVSM, Member (A) |
| Issue | Service Law |
| Judgement Date | September 24, 2012 |
| Court | Armed Forces Tribunal |
Order:
Shrikant Tripathi, Member (J), (Regional Bench, Kochi)
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None is present for the applicant. Heard the learned counsel for the respondents and perused the records. This application under Section 14 of the Armed Forces Tribunal Act, 2007 has been filed by the applicant for disability pension with consequential benefits.
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The relevant facts are that, the applicant joined the Indian Air Force on 13.3.1992 and was discharged therefrom on 26.6.2007 on the ground that he was medically unfit for further service. He had served the Air Force for 15 years and 103 days till the date of discharge. Therefore, he is already in receipt of service pension and other benefits. The Medical Board found the following disabilities, namely: (i) "Alcohol Dependence Syndrome - nil" (ii) "Primary Hypertension - 30%" and (iii) "Dyslipidaemia 11-14%". None of the aforesaid infirmities was either attributable to or aggravated by military service. Consequently, the pension sanctioning authority rejected the claim vide order dated 20th September, 2007 (Annexure A1). The first and second appellate authorities also dismissed the appeals.
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The applicant has alleged that he was fully fit at the time of entry in the Air Force. He further pleaded that Primary Hypertension was detected first of all and the other two disabilities were detected later. Therefore, hypertension was not connected with alcohol dependence syndrome. The applicant has further alleged that his service conditions were tough as he had been posted in Moftu, Tezpur, and in Eastern borders, therefore, hypertension was connected with military service.
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The respondents, on the other hand, very clearly stated that the applicant was addict to liquor since the very inception and the entire disability including hypertension had occurred due to his bad habits of alcohol. The medical board has recorded categorical opinion that the disability was neither attributable to, nor aggravated by, military service.
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The second appellate authority has passed a reasoned order and rejected the applicant's appeal...
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