GANPAT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner impugns the order dated 27.01.2014 passed by Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir, whereby his claim for grant of disability pension has been turned down. The Tribunal has viewed that the petitioner's disability being 'constitutional', was not attributable to the Military service and that his claim for the award of disability pension is also barred by limitation prescribed under Section 22 of the Armed Forces Tribunal Act, 2007 (hereinafter ' the Act').

(2.) The petitioner joined the Indian Army during national emergency in the year 1965. He also served the nation during 1971 INDO-PAK war before he was discharged from service w.e.f 31.10.1989.

(3.) It appears that the petitioner's disability pension claim was forwarded to the competent authority on the premise that he was discharged from Army service due to his placement in Low Medical Category. His disability was assessed more than 20%. Still the claim was declined on the ground that the disability was constitutional in nature and not attributable to Military service. After the rejection of claim vide order dated 19.07.1990, the petitioner is said to have represented the authorities time and again before unsuccessfully approaching the Tribunal in the year 2012.