M K JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is the story of a soldier who having spent best part of his life in the cause of the Country is now denied what is legitimately due to him and is compelled to seek relief from the court of law. The normal avenues which should have otherwise come to his rescue and meted out justice have turned a Nelson's eye to his grievances.

(2.) THE facts of the case, in brief, are as follows:the petitioner was enrolled as a Jawan in the year 1963 in madras Regiment. In 1972, he was serving in Jammu and kashmir and while on a routine check-up, it was discovered that he had a chest complaint. He was treated in the Military hospital where it was discovered that he was suffering from "aortic Stencsis". There upon he was demoted to medical Category CEE from Medical Category AYE with effect from 1-5-1972. AYE Category classifies persons fit for active service, whereas CEE Category classifies persons with impaired physical capacity. He continued medication and was in that category for four years. Thereafter, he was upgraded to Category aye again. He was thereafter again suspected to suffer from "systolic Murmur". He was referred to Pune where the Medical board, after examining him upgraded him to AYE Category on 29-6-1980. He was later promoted as Naib Subedar on 24-5-1982. Still later he was promoted as Paid Acting Subedar with effect from 12-9-1988.

(3.) HE was serving in various stations thereafter. In December, 1988, he fell ill and was hospitalised. It was discovered that he suffered from "aortic Valvular disease Systomic Hypertension". He was thereafter downgraded again into CEE Category. He continued with the treatment. A series of treatment at various hospitals made only nominal improvement. He was found to suffer from "multiple Intracramal Haematomas with hypertension". Even after prolonged treatment he did not improve and thereafter he was referred to the Specialist in neurology. There was no response to that treatment as well. He was hence, brought before the Medical Board who finally invalided him with effect from 7-6-1990 in Category CEE. He has by then practically became a vegetable.