UNION OF INDIA Vs. EX. SEP. R. MUNUSAMY

JUDGEMENT

(1.) This appeal is against a judgment and order dtd. 18/2/2020 passed by the Chennai Regional Bench of the Armed Forces Tribunal allowing the application being O.A. No. 53 of 2018 filed by the Respondent about 20 years after he was discharged from the Indian Army, and holding that the Respondent was entitled to disability pension. The arrears were restricted to a period of three years prior to the date of application before the Tribunal.

(2.) The Respondent was enrolled in the Army on 26/3/1987. By an order dtd. 5/4/1997, the Respondent was discharged from service on administrative grounds, as an undesirable Soldier under Rule 13(3) III(v) of the Army Rules, 1954. The Respondent had rendered service for nine years seven months and one day excluding 161 days of non-qualifying service. Annexed to the appeal is a copy of the Order/Certificate of the Commandant dtd. 12/10/1996 regarding the proposal to discharge the Respondent. As per the certificate of the Commandant, service of the Respondent was no longer required. The cause of discharge was shown in paragraph 20 as "Undesirable Soldier under Rule 13 III(V) of Army Rules, 1954".

(3.) At the time of discharge, the Respondent was in low medical category. A meeting of the Release Medical Board held on 30/1/1997 found "Right Partial Seizure with Secondary Generalization 345" neither attributable to nor aggravated (NANA) by military service. The disability was assessed @ 20% for two years.