OA 188 of 2011. Case: Jagir Kaur Vs Union of India. Armed Forces Tribunal
| Case Number | OA 188 of 2011 |
| Counsel | For Appellant: S.L. Sharma, Advocate and For Respondents: Suveer Sheokand, CGC |
| Judges | Vinod Kumar Ahuja, J. (Member (J)) and Air Marshal (Retd.) S.C. Mukul, Member (Ad.) |
| Issue | Constitution of India - Articles 13(iii), 226 |
| Judgement Date | April 16, 2014 |
| Court | Armed Forces Tribunal |
Order:
(Chandigarh, Regional Bench At Chandimandir)
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This is an application filed by Smt. Jagir Kaur, mother of Sepoy Avtar Singh (late) for grant of the following reliefs:-
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To pass a judgment/order by issuing directions commanding the respondents to set aside the Discharge of the individual(deceased) as per impugned letter of respondents (Annexure A-1) and consider the individual as continuing in service till he died due to aggravation of disease on 5-5-2007;
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To pass judgment/order by issuing directions commanding the respondents to grant and release the dues of arrears of all consequential effects of service benefits and also Family Pension to the applicant w.e.f. the date of discharge of the individual till his death on 5-5-2007; and
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To issue orders, instructions or directions commanding the respondents to pay and release the arrears of all service dues and family pensions from the date of dues till the date of payments @ 12% rate of interest till final payments.
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Briefly stated the facts of the case as alleged by the petitioner are that she is the mother of Sepoy Avtar Singh (now deceased), herein after referred to as the individual, who had joined Army service on 06.05.1997 and had served for about 4.10 years with the respondents. It was further alleged that the individual developed health problem which was diagnosed as 'HIV positive' by the medical authorities in the year 2000. He was categorized as permanent category of CEE(P) by the military hospital in September, 2000. The individual was discharged from service on 06.08.2001 while he was still undergoing treatment and had not yet recovered from the ailment of HIV. He was invalided out under Section 13(iii) of the Army Rules without any service benefits and without any further treatment of ailments which resulted into the death of the individual on 05.05.2007 due to aggravation of continuous existing disease which he got infected during his service in the Army.
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It was further alleged by the petitioner the Medical Board proceedings were held for the release/invaliding out of the individual. In the Medical Board proceedings dated 06.10.2001 the Board had recommended the discharge of the individual from service with 30% disability since he was still undergoing medical treatment for the recovery of the disease sustained by him due to infection. The individual was directed to report back to his Unit by the medical authorities and meanwhile respondent No. 4 issued directions for release of the individual from Army service being low medical category without specifying any service benefits to the individual. The individual was wrongly discharged by respondent No. 6 on 01.02.2002 and was sent home without having been cured from the disease of HIV.
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It was further alleged that the claim of the individual for disability pension was rejected vide Annexure A-4 letter dated 28.06.2003. The individual filed an appeal against the rejection of disability pension vide his letter dated 18.07.2003 Annexure A-5. Respondent No. 4 vide their letter dated 26.09.2005 Annexure A-7 informed that the appeal had been dismissed by respondent No. 3, which order was alleged to be wrong and against the rules.
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The petitioner being the mother of the...
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