HAVILDAR B MANIKUTTAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner was the applicant in O. A. No. 21 of 2024 before the Armed Forces Tribunal, Regional Bench, Kochi and as per order dtd. 27/6/2024, his application against non grant of disability pension was dismissed for the reason that he was discharged from service on own request and that the applicant was assessed by the Release Medical Board with the disability 'Bronchial Asthma' at 20% for a period of two years and there is nothing in the certificate to show that the disability is incapable of improvement.

(2.) Heard Sri. Ratheesh B., the learned counsel for the petitioner and Sri. S. Biju, the learned Senior Central Government Counsel for the respondents.

(3.) The learned counsel for the writ petitioner argued that the writ petitioner was enrolled in the army on 4/10/1986 in a physically and medically fit condition and in the year 1994, while he was posted at Udhampur (Jammu and Kashmir), he was diagnosed with Bronchial Asthma. It is pointed out that the medical category of the applicant was downgraded to 'BEE permanent' and he was constrained to avail discharge from service due to medical issues.