ASHOK KUMAR Vs. UNION OF INDIA

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 07.02.2013, whereby an Original Application filed by the petitioner for grant of disability pension remained unsuccessful.

(2.) THE petitioner was enrolled in Indian Navy as Boy on 13.01.1973. He was granted rank of Sea II with unpaid seniority w.e.f. 03.07.1974. Thereafter, he was promoted as Sea I on 03.04.1977, but invalidated out of service on medical grounds on 28.03.1978. The assertion of the petitioner is that at the time of joining the service, he was found medically fit and was placed under Medical Category AYE. He was medically examined at regular intervals and every time was found medically fit in AYE category. It was in September, 1977, when the petitioner was posted at INS Angre, he became unconscious during Physical Training Parade. The petitioner was subsequently diagnosed to be suffering from 'Epilepsy Temporal Lobe LT'. He was downgraded to medical category EEE (P) by a duly constituted Medical Board and invalidated out of service on 28.03.1978 without pensionary benefits.

(3.) LEARNED counsel for the petitioner relies 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, wherein it has been held that unless the Review Medical Board records a finding that the disease could not be detected at the time of entry into military service, the disease will be deemed to be attributed to or aggravated by military service. Reliance is made to the following extract: