AJAIB SINGH Vs. UNION OF INDIA & OTHERS

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 21.10.2011, whereby the claim of the petitioner for grant of disability pension remained unsuccessful.

(2.) The petitioner was enrolled in the Indian Army on 06.11.1985 and was invalidated out of service on 29.10.1987, when he was found to be suffering from Marfans Syndrome Mitral Valve Proplase. The claim of the petitioner is that he has been invalidated out on account of disability, which is attributable to or aggravated by military service, therefore, he is entitled to disability pension.

(3.) The stand of the respondents is that invalidating Medical Board in its meeting held on 12.10.1987 found that the disability is neither attributable to nor aggravated by military service, it being a congenital anomaly detected while the petitioner was undergoing recruit training. The disability was assessed at 11% - 14% for two years.