O.A. No. 33 of 2015. Case: K.G. Jacob Vs Union of India and Ors.. Armed Forces Tribunal

Case NumberO.A. No. 33 of 2015
CounselFor Appellant: Kavery S. Thampi and Yadhukumar P., Advs. and For Respondents: K.M. Jamaludheen, Senior Panel Counsel
JudgesS.S. Satheesachandran, J. (Member (J)) and Vice Admiral M.P. Muralidharan, AVSM and Bar, NM, Member (A)
IssueService Law
Judgement DateDecember 07, 2015
CourtArmed Forces Tribunal

Order:

Vice Admiral M.P. Muralidharan, AVSM and Bar, NM, Member (A), (Regional Bench, Kochi)

  1. The Original Application has been filed by K.G. Jacob, No. 8370492X, who was enrolled in the Army Postal Service on 17 August 1983 as a deputationist from the Department of Posts in the rank of Warrant Officer. He was discharged from Army Service on 31 December 2006. The Release Medical Board convened prior to discharge assessed the applicant to have a composite disability of 30% and accordingly he was granted disability pension for life. The applicant has sought higher percentage of disability and the benefit of rounding off of the disability pension.

  2. Smt. Kavery S. Thampi, learned counsel for the applicant submitted that after rendering 23 years of service, the applicant was discharged on 31 December 2006 on the basis of recommendations of a Release Medical Board. The Release Medical Board assessed the applicant to have the following disabilities:

  3. The learned counsel submitted that the Release Medical Board assessed only two of the disabilities as attributable to service. This was not in consonance with the Medical Board proceedings held in February 2006 at INS Venduruthy (Annexure A2), where the applicant was assessed to have higher percentage of disability such as 20% each for 'impaired glucose tolerance' and 'bronchial asthma' and 30% for 'Primary Hypertension' and 'gout'. The applicant was assessed to have 50% composite disability as brought out in the Medical Board proceedings placed at Annexure A2. Learned counsel therefore submitted that the Release Medical Board had failed to properly appreciate the disability of the applicant.

  4. Learned counsel further submitted that the applicant was discharged from service as he was suffering from various disabilities which were due to military service, whereas he was hale and hearty at the time of joining the Army. Therefore all his disabilities should be totally attributable to service. The learned counsel further submitted that even after discharge from service, the applicant continued to have various medical problems and was admitted in Naval Hospital INS Sanjivani in April 2007 and at the Amrita Institute of Medical Sciences in July 2008 where he underwent detailed medical examinations, results of which are placed at Annexure A3. Further tests done in 2011 at the Amrita Institute of Medical Sciences (Annexure A4) revealed 'fibrocavitatory lesion' which the learned counsel submitted can be attributed to the military service of the applicant. This was...

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