O.A. No. 23/2012. Case: Capt Vivek Ranjan Vs Union of India & Ors.. Armed Forces Tribunal
| Case Number | O.A. No. 23/2012 |
| Judges | Mr. A.K. Mathur, Chairperson and Lt. Gen. S.S. Dhillon, Member |
| Issue | Service Law |
| Judgement Date | September 11, 2012 |
| Court | Armed Forces Tribunal |
Order:
(Principal Bench At New Delhi)
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The petitioner vide this petition has prayed that the order dated 21.12.2011 may be quashed whereby he was denied permanent commission/extension of service, and respondents may be directed to consider the applicant for grant of permanent commission/ extension based on the available inputs and ignoring any adverse input including non recommendation, if any, which has not been communicated to the applicant. The petitioner, after completing his B.Sc. in Botany in 2004, applied for grant of Short Service Commission in response to the advertisement published by the Respondents in the Employment News and qualified for the same after successfully clearing written and Services Selection Board interview and he was inducted in the Army on 17.03.2009.
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It has been stated that the petitioner, in May/June 2005 while climbing the vertical rope as part of the training, sustained ankle injury and he remained hospitalized from June 2005 to September 2005. He was placed in low medical category due to his medical problems and finally be passed out from the Academy on successful completion of training based on which he was granted Short Service Commission on 17.03.2007 in the Infantry in SIKH Regiment and was posted to 22 SIKH.
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The petitioner was detailed and subsequently proceeded to attend Young Officers Course from 24.09.2007 to 22.03.2008 at Infantry School, Mhow which he completed successfully. Since the petitioner did not complete 90 days physical service for the reporting year 2007 under any officer, he could not earn any CR for that period. During the month of June 2008, the petitioner submitted an application for leave as his marriage was fixed for 11.07.2008 seeking permission for marriage as per norms. However, he did not get any response from the CO and finally after intervention of the Second-in-Command, leave was sanctioned and the petitioner got married on 11.07.2008. On expiry of the leave, he joined back.
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In August 2008, while participating in battalion games, the applicant sustained knee injury and subsequently remained hospitalized from 27.08.2008 to 02.09.2008. After reporting back to the Unit, the petitioner again got admitted in the hospital for heel pain and was diagnosed with bone tumor in heel which developed due to sustained stamping of feet during training in the drill square. The petitioner remained hospitalized till 28.10.2008. The petitioner was advised to undergo surgery for such bone tumor and he was again admitted in the hospital from 10.11.2008 to 22.12.2008 for carrying out necessary tests for bone tumor and also got operated for Deviated Nasal Septum (DNS) during this period. Therefore, he was downgraded to low medical category S1 H1 A3 P1 E1 for SIMPLE BONE CYST CALCANEUM (LEFT) HEEL w.e.f. 06.01.2009.
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In the ACR for the period 01.01.2008 to 31.12.2008, he was granted 'above average' by the IO. He is not aware what the RO has written. He was again admitted to the hospital for surgery of SIMPLE BONE CYST CALCANEUM (LEFT) HEEL, bone tumor and was operated upon on 20.08.2009. During this period, the petitioner was also detected with Pituitary Micro Adenoma (Tumor on Pituitary Gland in Brain) and he remained hospitalized till 28.11.2009. He was advised specialised treatment at Army Hospital, Delhi Cantt. In the ACR for the period 01.01.2009 to 01.12.2009, the petitioner was again given 'above average'. Thereafter, the petitioner was admitted in Army Hospital, Delhi Cantt. for surgery of Pituitary Micro Adenoma on 20.12.2010 and was operated upon on 21.12.2010 and remained hospitalized till 24.01.2011.
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The CR for the period from 01.01.2010 to 28.11.2010 was initiated by CO 124 Inf Bn(TA) in his capacity as the IO, and nothing adverse was communicated to the petitioner. Consequent to the surgery, he was placed in low medical category S1 H1 A1 P3 E1 by a duly constituted medical board held on 18.02.2011 but subsequently, he was upgraded to medical category S1 H1 A1 P2 E1 (Temp) w.e.f. 12.05.2011.
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The petitioner applied for grant of permanent commission vide his application dated 16.08.2011 and for extension of five more years in case he was not granted permanent commission.
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It is submitted that while the petitioner was in the process of completing the medical proceedings for initiation of AFMSF-2, he received an intimation from respondent No. 3 vide signal dated 24.11.2011, by which the petitioner was directed to forward his medical documents AFMSF-2 by 05.12.2011 which was otherwise required to be forwarded by 30.08.2011. The petitioner approached the concerned medical authorities for preparation of AFMSF-2 but the petitioner was referred to the concerned specialist and looking into the complicated medical background the petitioner learnt that the Medical Board proceedings AFMSF-2 will not be possible by 05.12.2011, as asked by the respondents because of the various procedure involved in the matter.
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The petitioner went to respondent No. 3 and brought out the delay which was expected for submission of AFMSF-2. However, the petitioner received intimation from the concerned officials that all inputs required by the Selection...
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