ARMY NO Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner herein who was boarded out of Army Service on medical ground claims that he is entitled to disability pension. He had submitted a representation in this behalf to the Army Authorities which was rejected. He challenged that order by filing a civil suit in the Court of Civil Judge (Senior Division), Bhiwani (Haryana). On the constitution of the Armed Forces Tribunal, this suit was transferred to the Armed Forces Tribunal and has been decided vide judgment dated 23.12.2011 whereby his suit has been dismissed being devoid of merits.

(2.) THE facts which are not in dispute are that the petitioner was re- enrolled in army on 19.10.1977 and was discharged on 31.10.2005. Thus, by the time he had rendered 28 years of service and on that basis he is getting normal pension. The reason for discharge of the petitioner from army service was that he was suffering from "Bilateral Obstructive Uropathy and Sub-acute Cutaneous Lupus Erythematosis" and as per the medical report this put him in medical category P2 and P-3 with 60 percent composite disability. On that basis, the Release Medical Board opined that the said disease was neither attributable nor aggravated by military service and petitioner had been boarded out of army service.

(3.) IT is clear from the above that there is a presumption that at the time of entering into service, the very employee was not suffering from a disease and the same was attributed to him thereafter during service and it would be treated as attributable or aggravated by the military service. However, exception to this Rule would be if it is proved that the nature of disease is such that it cannot be attributed to service or the duties performed by the officer would not aggravate such disease. This presumption would be dislodged if it can be proved that the disease was constitutional in nature or could not have been detected at the time of entering into service.