RAVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the instant petition, the petitioner assails an order dated 1st September, 2011 whereby his OA No.522/2010 seeking grant of disability pension under the provisions of Regulation 173A of the Pension Regulations for the Army, 1961 was rejected by the Armed Forces Tribunal.

(2.) The undisputed fact giving rise to the present petition to the extent necessary and briefly noticed hereafter. The petitioner has contended that he was enrolled into the Indian Army on 1st October, 1990 and was thereafter discharged on the 31st January, 2001 on the ground that he was awarded four red ink entries in his service record on account of misdemeanours for which punishment was also imposed thereon.

(3.) The case of the petitioner is that he was found medically unfit by the Medical Board in the year 1997 and was placed in the low medical category but was retained in service. The petitioner was medically examined by a Medical Board held on 16th March, 2000 which had opined that the petitioner was suffering from partial seizure (RT) with generalisation & acute lumbago and was found to be having 30% disability. A second medical examination of the petitioner conducted on 16th September, 2011 confirmed the said diseases and opined the percentage of the petitioner's disability of 20%.