O.A No. 17 of 2013. Case: A. Shaji Mon Vs Union of India, Represented by The Secretary to Government (Defence), The Senior Record Officer, Sena Chikitsa Corps Abhilekh, Army Medical Corps Records and The Director General, Controller of Defence Accounts, (Pension). Armed Forces Tribunal

Case NumberO.A No. 17 of 2013
CounselFor Appellant: Sri. B. Harish Kumar and For Respondents: Sri. P.J. Philip, Central Government Counsel
JudgesShrikant Tripathi, J. (Member (J)) and Thomas Mathew, PVSM, AVSM, Member (A)
IssueDefence Law
Judgement DateJuly 19, 2013
CourtArmed Forces Tribunal

Order:

Shrikant Tripathi, J. (Member (J))

  1. Heard Mr. B. Harish Kumar, for the applicant and Mr. P.J. Philip for the respondents and perused the record. The applicant, A Shaji Mon, Ex Naik No. 13970119X, filed the instant O.A for a direction to the respondent to sanction and pay him disability pension.

  2. The relevant facts are that, the applicant was enrolled in the Indian Army Medical Corps on 19th September, 1986 and was discharged from service on 1st October 2005 under Army Rule 13(3)III(i) on completion of his service tenure. Since the applicant had rendered 19 years and 12 days service, which was more than the pensionable service, so, he was already been sanctioned service pension and to this extent there does not appear to be any dispute between the parties.

  3. It is significant to state that the applicant was examined by a Release Medical Board, which found him suffering from the disability "Right Renal Calculus" at 30% for life and accordingly he was placed in medical category S1H1A1P2E1 (permanent). The Medical Board opined that the disability occurred by virtue of service in difficult terrain, climate, compulsory dietary practice and excessive physical activity. Therefore, according to the Medical Board, the disability had aggravated due to the Military Service. The applicant's claim for disability pension was forwarded to the PCDA(P) Allahabad, but it was rejected on the advice of the Medical Adviser to the PCDA(P), who opined that the disability was constitutional in nature and was not related to Military Service. The decision of the PCDA(P) Allahabad, was accordingly communicated to the applicant vide the letter No. C1/13976119/DP(C) dated 10th July, 2006. After receiving the communication of rejection of the claim for disability pension, the applicant kept silence. But, on 2nd December 2012, he filed a time barred appeal against the rejection order, which the First Appellate Authority considered and rejected vide the letter No. 13970119X/Pen/DP dated 24th February 2013 (Annexure R-6). It appears that the First Appellate Authority did not enter into the merits of the applicant's claim merely on the ground that the appeal was barred by limitation. According to the Appellate Authority, the appeal was required to be filed within six months, but it was filed after about more than six years.

  4. Mr. B. Harish Kumar appearing for the applicant submitted that the Release Medical Board was comprised of three doctors and all of them...

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