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 | 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 individual who was released in medical Category SHAPE-1.
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As per the averments of the petitioner his earlier petition filed as OA No. 172 of 2010 was decided on 26.7.2010, and he was reinstated in service w.e.f. 1.2.2010. Further the petitioner's review application was decided on 24.9.2010. The petitioner was discharged on 31.1.2012. Prior to his discharge, he was referred and examined by an Orthopedic Surgeon. The Release Medical Board while filling in the AFMSF 18 did not take into account the report of the Orthopedic Surgeon. Hence the present petition.
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The respondents in their reply bring out that the petitioner was enrolled in the Army on 21st December, 1987 and discharged on 31st January, 2012 on completion of service limit through Release Medical Board which declared him in SHAPE-1. After retirement, legal notice dated 3rd November, 2012 on behalf of the petitioner was received by Records, The Punjab Regiment, for conducting Re-Survey Medical Board which was suitably replied vide letter dated 23rd November, 2012 stating that there is no provision for holding of Re-Survey Medical Board for the individual who is released from service in Medical Category SHAPE-1.
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According to the provisions contained in para 178 of Pension Regulations for the Army, 1961, read in conjunction with Government of...
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