V. JOSEPH DAYALAN Vs. ARMED FORCES TRIBUNAL, CHENNAI

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the first respondent dtd. 17/6/2022 made in O.A.No.36 of 2021, by which, the application of the petitioner seeking to grant Service Element of Disability Pension was dismissed and consequently, direct the respondents to sanction the same w.e.f. 1/1/2006 and disburse the arrears.

(2.) (i) The brief facts of the case of the petitioner is that the petitioner was enrolled in Indian Army in the Corps of Signals on 27/2/1988. He submitted an application on 31/6/1995 to discharge him from service on compassionate ground due to ill health of his parents. However, due to lack of manpower and trained persons in the Trade, his request was not accepted. Therefore, he continued to serve in the Army with devotion and dedication.

(3.) (i) Learned counsel for the petitioner would submit that the Release Medical Board held on 27/2/1998 at 151 Base Hospital C/o 99 APO, recommended the petitioner to be medically unfit to be retained in service and directed to be released on Low Medical Category CEE/PERM. This elemental aspect was brushed aside by the 1st respondent Tribunal. He would further submit that the petitioner was not discharged from service on medical grounds but has arbitrarily discharged under Army Rule 13(3) III (4), on compassionate grounds. Therefore, the very discharge under compassionate ground, after having found him to be medically unfit to be retained service is arbitrary and illegal. Though the said fact was brought to the notice of the 1st respondent, the same was not considered. The Tribunal proceeded on the basis that the petitioner was discharged on his own request and not on account of medical invalidation.