MALKIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Malkit Singh by way of present petition seeks quashing of the order dated 27.11.2012 (Annexure P -4) passed by the Armed Forces Tribunal Regional Bench, Chandigarh at Chandimandir (Tribunal for short) whereby his original application No. 725 of 2011 claiming disability pension has been declined. The petitioner was an employee of the Indian Posts and Telegraph Department. He was sent on deputation to the Army Postal Services (APS -for short) from 03.12.2005. According to the petitioner at the time of joining APS, he was required to undergo complete medical check up as per the standards laid down by the Army for the category of such appointments. He was thoroughly examined and checked up by the Medical authorities. He was found fit in all respects and was assessed and declared in medical category, "Shape/1; Aye". The petitioner served in APS for a period of four years and eleven months. He was posted in a Unit situated in hard field areas and it is alleged he worked under great stress and strain due to overload of work during his service. During his service, the petitioner developed disease known as ' Osteosarcoma (RT) Iliac' which is a kind of disease affecting the backbones -cancerous in nature. His disability on account of the said disease was assessed to the extent of 60 per cent for life by the Medical Board held at Military Hospital, Jodhpur on 05.10.2010. The grievance of the petitioner is that he was not granted or considered for disability element or disability pension by the Army which has resulted in discrimination to him by the respondents.

(2.) LEARNED counsel for the petitioner has submitted that the learned Tribunal gravely erred in dismissing the claim of the petitioner for grant of disability pension specially when the disability of the petitioner has been assessed at 60% and he has been invalided out of service.

(3.) ACCORDING to the petitioner, the disability having been suffered during military service, the petitioner was entitled to benefit of disability pension in accordance with Regulation 173 of the Pension Regulations for the Army, 1961 and there is a presumption that the disability that the petitioner suffered was due to military service and was aggravated by military service especially when he was in a fit condition when he joined APS.