LAWS(SC)-2013-7-47

VEER PAL SINGH Vs. SECRETARY, MINISTRY OF DEFENCE

Decided On July 02, 2013
VEER PAL SINGH Appellant
V/S
SECRETARY, MINISTRY OF DEFENCE Respondents

JUDGEMENT

(1.) This appeal is directed against order dated 19.12.2011 of the Armed Forces Tribunal, Lucknow Bench (for short, 'the Tribunal') dismissing the application filed by the appellant for grant of leave to file appeal against orders dated 14.7.2011 and 16.9.2011 passed in Transferred Application No.1431/2010 and Review Application No.22/2011 respectively.

(2.) The appellant was enrolled in the Army (Corps of Signals) on 20.6.1972 in Medical Category "AYE". Before his enrolment, the appellant was subjected to medical examination, the report (Annexure R-II) of which is reproduced below: <FRM>JUDGEMENT_435_TLPRE0_2013_1.html</FRM>

(3.) After completion of training, the appellant was posted in 54 Infantry Division Signals Regiment and his regular service commenced with effect from 21.2.1974. After about two years, he was admitted in Military Hospital, Secunderabad for the treatment of "INTESTINAL-COLIC". He was discharged from the hospital on 18.2.1976. Between March, 1976 to October, 1977 he was treated in different Army Hospitals at Pune, Secunderabad and Meerut. He was downgraded to Medical Category "CEE" (Temporary) for a period of six months with effect from 3.1.1977. His case was considered on 14.11.1977 by the Invaliding Medical Board held at Military Hospital, Meerut and on its recommendations, he was discharged from service. His claim for disability pension was rejected by Principal Controller of Defence Accounts (Pension), Allahabad on the ground that the disease, i.e., Schizophrenic Reaction, which was the cause of his discharge was not attributable to the military service.