MAJ ANIL KUMAR BAWA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was commissioned in the Army on March 15, 1970 and at that time was found medically fit for service of the Army. During the service rendered he earned promotions upto the rank of Major in the year 1980. It was in December 1980, the petitioner was posted at Ambala and while performing his duties in his office developed acute low back ache and was admitted to Military Hospital, Ambala. It was diagnosed that the petitioner is a case of Fibre Fascitis Moderate and later specified as Proplase Disc L5 S1(OPTD).

(2.) THE Court of Inquiry was ordered to enquire into the circumstances under which the petitioner sustained injury while being on duty. The finding was given by the Court of Inquiry on February 10, 1981. It shall be apposite to note the findings of the Court of Inquiry, which read as under : -

(3.) THE petitioner was finally ordered to be retired from service on superannuation on January 31, 1998 and that the petitioner was directed to appear before a Release Medical Board and the petitioner was categorised as S1H1A3P1E1 and he was diagnosed as a case of "Disc Prolapse with Sciatica". The disability was determined as 62%. The petitioner requested for disability pension and in response thereto the respondents communicated that the petitioner was not entitled to disability pension since the ID(s) as recorded in the Release Medical Board have not been found to be attributable to or aggravated by military service. The petitioner filed an appeal before the Ministry of Defence and that the appeal was rejected vide order dated November 29, 1999. It has been categorically opined in the impugned order that the disability is on account of constitutional disorder as Appellate Medical Authority has found that onset of ID was in peace area and that there is no history of trauma. Thus, on the finding of Appellate Medical Authority the petitioner would not be entitled to disability pension.