EX. RECT. RAJESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging the order dated 26th February, 2020 passed by the Armed Forces Tribunal Principal Bench, New Delhi in OA No. 470/2015, whereby petitioner s claim for disability pension has been rejected. Petitioner also prays for a direction to the respondents to grant disability pension to the petitioner w.e.f. 26th June, 2013 @ 60% (rounding off 75%) along with interest @18% thereon. The relevant portion of the impugned order is reproduced hereinbelow:-

(2.) Learned counsel for the petitioner states that the petitioner was not suffering from any disability at the time of enrollment and was found to be medically fit at that time by the medical board. He points out that the petitioner developed the disability during basic training and therefore, the petitioner is entitled to the disability pension. He emphasizes that the disease of the petitioner is either attributable to or aggravated due to stress and strain of military service as the Medical Board made no note of the disease at the time of enrolment. In support of his submission, he relies upon the judgment of the Supreme Court in Dharmavir Singh Vs. Union of India & Ors. , 2013 7 SCC 316, wherein it has been held as under:-

(3.) Having heard the learned counsel for the petitioner, this Court finds that the petitioner was enrolled on 24th September, 2012 and as noted in the impugned order, he started developing symptoms attributable to the disease/disability within three months and had to be treated at Base Hospital, Delhi Cantt. The date of origin of the disability is noted as 12th December, 2012 in the medical board proceedings, which is annexed to the present petition. The total period of service is only nine months as the petitioner was boarded out on 25th June, 2013.