MA 446 of 2014 and OA 1551 of 2013. Case: Naresh Kumar Sharma Vs Union of India. Armed Forces Tribunal
Case Number | MA 446 of 2014 and OA 1551 of 2013 |
Counsel | For Appellant: Mr. G.S. Ghuman, Advocate and For Respondents: Mr. R.N. Sharma, CGC for Mr. Vibhor Bansal, CGC |
Judges | Vinod Kumar Ahuja, J. (Member (J)) and Air Marshal (Retd.) S.C. Mukul, Member (Ad.) |
Issue | Defence |
Judgement Date | Thursday February 13, 2014 |
Court | Armed Forces Tribunal |
Order:
(Regional Bench At Chandimandir)
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By this petition the petitioner prays for a direction to the respondents to conduct Re-Survey Medical Board of the petitioner in terms of Regulation 178/178-A or 187 of the Pension Regulations for the Army, 1961 so as to assess his disability. Further for quashing of impugned order Annexure A-1.
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The facts of the case are that the petitioner was enrolled in the Army on 21.12.1987 as Sepoy GD Group 'Y' and discharged from service on 31 Jan 2012 under Army Rule 13(3) Item III (i) on completion of his service in SHAPE-1. The petitioner remained posted to different Units in the field as well as in peace area and last Unit served was 26 Punjab Battalion (Arunachal Pradesh). He was subjected to Release Medical Board at MH Ramgarh Cantt. He was subjected to X-rays of both knees on 28.1.2012 for "arthralgia both knees" The petitioner sent a legal notice dated 3rd November, 2012 for conducting Re-Survey Medical Board in terms of Regulation 178-A of the Pension Regulations for the Army, 1961, but he was informed by respondent No. 3 that there was no provision for holding Re-Survey Medical Board for the...
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