GURDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to order passed by Armed Forces Tribunal, Chandigarh on 6th March, 2013 (Annexure P-1), whereby, the claim of the petitioner for grant of disability pension was declined. As per the facts on record, petitioner was enrolled in the Army on 17th June, 1973 but was invalided out of service w.e.f. 21st June, 1981 under the Army Rule 13(3) Item III (iii) after being placed in Low Medical Category CEE (P). The Invaliding Medical Board opined the disability of the petitioner to be neither attributable nor aggravated by the Military Service.

(2.) The petitioner invoked the jurisdiction of the Armed Forces Tribunal, in the year 2011 i.e. after more than 30 years of his discharge from service. Learned Tribunal has found that the original application filed by the petitioner after 30 years is not maintainable. The Tribunal has also taken into consideration the opinion of the Medical Board that the petitioner was suffering from MYOCARDIC-INFARCTION which is neither attributable nor aggravated by the Military Service.

(3.) Learned counsel for the petitioner has vehemently argued that the original opinion of the Medical Board regarding disability has not been produced opining that the disease stated to be suffered by the petitioner is neither attributable nor aggravated by the Military Service before the Tribunal. It is reported to have been destroyed even before the requisite period for which such medical record was required to be retained. Therefore, an adverse inference should be drawn against the respondents.