EX Vs. UNION OF INDIA & ANOTHER

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short the Tribunal) on 05.03.2013, whereby an Original Application filed by the petitioner claiming disability pension was dismissed.

(2.) The petitioner was enrolled as a Soldier GD in the Bombay Engineering Group (BEG) of the Indian Army on 23.03.2004. The petitioner was found to be suffering from Catatonic Schizophrenia, when he was examined by the Specialist on 10.03.2005. Thereafter, he was boarded out on 27.04.2005. The claim of the petitioner for disability pension was rejected vide order dated 04.05.2006 and such order was affirmed in appeal on 27.07.2007. Both the orders were challenged by the petitioner before the Armed Forces Tribunal, which remained unsuccessful.

(3.) The argument of the learned counsel for the petitioner is that at the time of entry of the petitioner in the Indian Army, he was in the medical category AYE and that no disease or injury had been noticed or recorded by the Medical Board, therefore, any disability during the period the petitioner was working in the Indian Army is deemed to be attributable to or aggravated by military service. Reliance is placed upon a Division Bench judgment of this Court in CWP No.7277 of 2013 titled Ex.Naik Umed Singh Vs. Union of India & others decided on 14 .05.2014.