RAJENDRAN P. Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner was the applicant in O.A. No.46 of 2018 before the Armed Forces Tribunal, Regional Bench, Kochi and as per order dtd. 31/8/2022, his application against non grant of disability pension for 'Generalised Anxiety Disorder' was dismissed for the reason that there is no basis for the challenge against the valid medical opinion that the disease was not attributable to or aggravated by military service and that there is an inordinate delay of more than 31 years in preferring the claim.

(2.) Heard Sri. V. K. Sathyanathan, the learned counsel for the writ petitioner and Sri. P. R. Anith Kumar, the learned counsel for respondents.

(3.) The learned counsel for the writ petitioner argued that the writ petitioner was enrolled in the army on 29/9/1969 and he was invalided out of service on 13/11/1976 due to low medical category. He was found suffering from disability of 'Neurosis' by the Invaliding Medical Board to the extent of 30% for two years. For the reason that the disability was neither attributable to nor aggravated by military service, he was not granted disability pension and the said order was challenged in O.A. No. 207 of 2013 before the Armed Forces Tribunal. As per order dtd. 23/6/2014, the said application was dismissed mainly for the reason that the disability was neither attributable to nor aggravated by the military service and that the disability was only for two years and the said period of two years expired in the year 1979. However, while dismissing the application, the Tribunal observed that it is always open to the applicant to move a petition for holding a re-assessment by the Medical Board to assess his disability and for that purpose, no direction of the Tribunal is necessary.