M.A. No. 520 of 2016 and O.A. No. 214 of 2016. Case: K.V. Abdul Rasheed Vs Union of India and Ors.. Armed Forces Tribunal

Case NumberM.A. No. 520 of 2016 and O.A. No. 214 of 2016
CounselFor Appellant: A. Viswanathan, Adv. and For Respondents: M. Rajendra Kumar, Senior Panel Counsel
JudgesS.S. Satheesachandran, J. (Member (J)) and Vice Admiral M.P. Muralidharan, AVSM & BAR, NM, Member (A)
IssueService Law
Judgement DateDecember 13, 2016
CourtArmed Forces Tribunal


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

  1. The Original Application has been filed by KV Abdul Rasheed, Ex Sapper No. 1362043 of the Madras Engineer Group seeking disability pension from the date of his discharge with the benefit of broadbanding. The Original Application has been filed with a delay of 34 years 10 months and 10 days with an application, MA. No. 520 of 2016, for condonation of the delay.

  2. The respondents have objected to the condonation of the delay on the ground of inordinate delay and have also expressed the view that the reasons put forward by the applicant for condonation are not tenable.

  3. Heard Sri. A. Viswanathan for the applicant and Sri. M. Rajendra Kumar, Senior Panel Counsel for the respondents and perused records.

  4. Sri A. Viswanathan, the learned counsel for the applicant submitted that the applicant was enrolled in the Army on 31 March 1975 and was fully fit at the time of his enrolment. During the course of his service he was posted at various areas including in hard stations and due to stress and strain of service he developed mental depression and was placed in low medical category. Since there were no alternate employment available he was discharged on medical grounds from service on 06 April 1981 (Annexure A1). No lump sum compensation was paid to the applicant and his claim for disability pension was rejected in November 1982 stating that his disability was not attributable to military service (Annexure A2).

  5. The learned counsel further submitted that the applicant was not in a mentally fit state to file an appeal against the decision at that time as he was undergoing treatment at the Government Mental Hospital, Kozhikode (Annexure A3). He subsequently preferred a number of appeals including for waiving off of the time limit prescribed for consideration of his case which was forwarded by MEG Records (Respondent No. 2) to the Ministry of Defence (Annexure A4). He was however informed that no time bar waiver could be granted (Annexure A5). The applicant then preferred an appeal to the Hon'ble Prime Minister of India (Annexure A6). While the applicant's appeal was acknowledged by the Prime Minister's office (Annexure A7), since no further action was taken, he preferred another appeal to the Chief of the Army Staff which was also rejected in August 2004 (Annexure A8). The applicant who has been continuing his medical treatment (Annexure A9), preferred an...

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