A.K. THAPA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India, the petitioner assails the Order dtd. 7/7/2023 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (in short 'AFT') in Original Application (in short 'OA') No. 2240 of 2019 titled Lt A K Thappa vs. Union of India and Ors, to the extent of the non-grant of disability element of pension, holding that the disability is neither attributable to nor aggravated by military service (NANA). However, the invalid pension was granted by the learned AFT.

(2.) The brief facts of the case are that the petitioner was commissioned into the Indian Navy on 1/1/1977 and after rendering 5 years and 11 months and 19 days of service, was subsequently discharged / invalidated out from service on 20/12/1982, on account of the Invaliding Medical Board (IMB), held in 1982, finding the petitioner 'unfit' for Navy service.

(3.) It is the case of the petitioner that during the year 1981, while on board the submarine INS Vagsheer, he was diagnosed with Epilepsy. He submitted that he was commissioned into the Indian Navy in a medically fit condition and in case he suffered from Epilepsy attacks, the same could not deteriorate to such a stage that within a service period of 5 years he had to be discharged from service.