EX SEPOY VIPIN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner for the following reliefs:

(2.) BRIEF facts of the case, inter alia, are that on 03.12.2001 the petitioner having been found medically fit was enrolled as a soldier in the MAHAR Regiment (Infantry). During his recruit training, the petitioner was awarded a certificate of the 'all round best recruit'. Thereafter, the petitioner was retained in the training centre till May, 2004 for participating in the rifle shooting competition. During the period from 2002 to 2004 the petitioner was found medically fit in SHAPE -1 medical category i.e. the highest degree of fitness. In the month of May, 2004 the petitioner was posted to 4 MAHAR at Tangdhar in Jammu and Kashmir and while participating in the rifle shooting practice/ competition, he got sprayed into his right eye a very small amount of rifle oil from the breach block of the rifle resulting vision of his right eye to be hazy. Thereafter, the petitioner found that the vision of his left eye was also getting adversely affected. On 21.06.2004, the petitioner reported to the Medical Officer of 328 Field Ambulance who referred him to 92 Base Hospital at Srinagar, Jammu and Kashmir for treatment. Till 26.06.2004 the petitioner remained admitted in the said base hospital. After thorough examination by the Eye Specialist, the Eye Specialist gave a finding that the petitioner was unfit for duty requiring good binocular vision and he downgraded the petitioner permanently to medical category E -3 for eye factor. In the month of November, 2004, when the superior officers of the petitioner found that the petitioner had nearly lost his vision in both the eyes, he got admitted to 166 Military Hospital on 16.11.2004. After remaining under treatment for a period of one and half months, when the Eye Specialist found that petitioner's vision could not be retrieved, the petitioner was downgraded to permanent medical category E -5 by a Medical Board and invalided out of service and sent him home. The petitioner was also issued a disability certificate by the Officer Commanding of 166 Military Hospital on 13.01.2005 mentioning therein that the petitioner had been invalided out of service with 100% disability due to 'HYPERMETROPIC AMBLYOPIA RETROBULBAR NEURITIS WITH CONDUCTION DEFECT (NEURONAL) BOTH EYES'.

(3.) IT has been alleged in the petition that after the petitioner was sent to his home, various Eye Specialists were contacted and a reputed Eye Specialist, after knowing his complete history, informed that loss of vision could have been due to high altitude effects of the area. The Eye Specialist gave a copy of the relevant literature which clearly states that snow blindness which is a common phenomenon in the high altitude areas can cause permanent vision loss. Petitioner also annexed photocopy of relevant literature in his petition. Relevant portion is quoted below: