EX-LC SHREYA MANHAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari quashing the order dated 8th November, 2016 by which the petitioner has been denied the benefit of the 'broad banding' policy of the Government of India insofar as it relates to the grant of disability award to the members of the Armed Forces.

(2.) The facts as set out in the petition are that the petitioner had joined the Officers Training Academy (OTA), Chennai on 15th October, 2010 after she was thoroughly examined by various medical experts and was found absolutely fit and free from any disease or medical disability to undergo the rigorous military training. However unfortunately on 8th November, 2010, during military training, the petitioner sustained a neck injury resulting in a permanent disability namely "FRACTURE NECK OF FEMUR LT". She was found unfit for Army service by a duly constituted Release Medical Board (RMB) held at CHAF, Bangalore, which assessed the disability of the petitioner at 40% for life and the disability was also attributable to military service. Accordingly, the petitioner was invalidated out of the service on 21st December, 2011.

(3.) It was only after prolonged correspondence with the respondents that finally the respondents sanctioned ex-gratia disability award to the petitioner at the rate of 40% for life which was sanctioned to her on 19th March, 2014. The petitioner has claimed that she was entitled to 'rounding off/broad banding' as per the policy of the Government of India and entitled to receive the disability award for 50% disability for life. She accordingly approached the respondents vide Appeal dated 10th October, 2016 requesting them for 'broad banding/rounding off' the ex-gratia disability award from 40% to 50%. However, by the impugned order dated 8th November, 2016 the said request was rejected. Thereafter, she approached the Armed Forces Tribunal (AFT) for relief but the AFT vide order dated 4th October, 2017 dismissed the Original Application bearing number O.A. No. 1425 of 2017 filed by her on the ground of lack of jurisdiction as being an ex-cadet, she was not covered under the Armed Forces Tribunal Act, 2007. Hence the present petition which was filed on 27th July, 2018.