O.A. No. 40 of 2014. Case: Gaddam Raja Ravi Kumar Vs Union of India. Armed Forces Tribunal

Case NumberO.A. No. 40 of 2014
CounselFor Appellant: Tonifia Miranda, Legal Practitioner and For Respondents: M. Tiwari, JWO, Legal Cell, Air Force
JudgesV. Periya Karuppiah, J. (Member(J)) and K. Surendra Nath, Member (Ad.)
IssueService Law
Judgement DateAugust 08, 2014
CourtArmed Forces Tribunal


V. Periya Karuppiah, J. (Member-(J)), (Regional Bench, Chennai)

  1. This application is filed by the applicant for the reliefs to direct the respondents to produce all the medical records and medical board proceedings regarding the applicant and the IMB dated 26.12.2002; to direct the respondents to grant disability pension from the date of invalidation, i.e., 01.02.2003 till this date along with interest @ 9% p.a. for the arrears; to consider the disability of the applicant for the benefit of rounding off as per letter dated 31.01.2001 and for granting Ex-Servicemen status and give him the benefits of Ex-Serviceman and rehabilitate the applicant in any employment scheme allotted to Ex-Servicemen.

  2. The application in M.A. No. 65 of 2014 filed by the applicant seeking condonation of delay of 3058 days was ordered on 17.06.2014 on condition that the applicant even though asked for payment of disability pension from 01.02.2003, the said claim was restricted to three years prior to the date of filing of Original Application, provided the claim is allowable.

  3. We heard Ms. Tonifia Miranda, learned counsel for the applicant and JWO M. Tiwari, Legal Cell, Air Force, representing the respondents.

  4. On a careful perusal of the pleadings submitted and the arguments advanced before us, we find that the applicant was recruited in the Indian Air Force as Equipment Assistant on 06.02.1997 and was invalided out of service on 01st February 2003. The applicant was admitted into Military Hospital, Secunderabad on 19.09.2002 and was discharged on 29.01.2003. Diagnosing his disease SCHIZOPHRENIA ICD 295 F-20, he was invalided out of service. The applicant was hale and healthy and that due to stress and strain in the Air Force, he was placed in permanent Low Medical Category "EEE" and was recommended disability element, that due to his disability, he was unable to take up any job. He made representation to consider his plea for grant of disability pension but it went in vain. Therefore, he is before this Tribunal.

  5. It was diagnosed by the Psychiatrist Specialist that the applicant's disease was "Schizophrenia" and he was temporarily recommended to be placed in low medical category CEE (T-24), vide AFMSF-15 dated 11th August 2000 and that subsequently he was placed permanently in low medical category CEE (P) vide AFMSF-0 15 dated 9th October 2001. The Psychiatric observation brought out neglect of self-care, constricted affect, poverty of ideas...

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