V.T.MATHEWS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed challenging the order passed by the Armed Forces Tribunal Regional Bench, Kochi in T.A.No.120 of 2009.

(2.) THE petitioner was a lieutenant in the Indian Navy who was permanently commissioned on 1.1.1996. While so, the medical board examined him on 2.2.2002 and found that he was suffering from Schizophrenia. His disability was assessed at 50% and it was opined that the disability was neither attributable to nor aggravated by the naval service and was constitutional in nature. Accordingly, it was recommended that the petitioner be invalidated out of service in medical category S5A5. Based on the opinion of the medical board, the petitioner was invalidated from the service on 17.5.2002.

(3.) HOWEVER , keeping in view the opinion expressed by the Invaliding Medical Board, his request for pension was rejected by the pension sanctioning authority. Against that order, first appeal was filed, which was rejected. Still aggrieved, second appeal before the Defence Minister's Appellate Committee of Pension was made. Defence Minister's Appellate Committee constituted an Appeal Medical Board and according to them, despite an intimation given to the petitioner requiring him to appear before the Medical Board, he did not appear before the Medical Board. The impugned order shows that the Appellate Authority accordingly dismissed the second appeal.