UNION OF INDIA Vs. RAKESH KUMAR

JUDGEMENT

(1.) In the present petition, the challenge is to the impugned order dtd. 24/2/2023 (Annexure P-4) passed by respondent No.2-Armed Forces Tribunal, Regional Bench, Chandigarh (hereinafter referred to as, 'the Tribunal') by which, respondent No.1 has been allowed the benefit of invalid pension from the day next to the date of his discharge from service i.e. 9/9/2014 for life.

(2.) Learned counsel for the petitioners places reliance upon the report of medical examination of the respondent No.1 to hold that though the disability of 'Knock Knee' for life has been found in respondent No.1, but the same has been treated as 'neither attributable to nor aggravated by the military service' hence, the grant of benefit of invalid pension to respondent No. 1 by placing reliance upon the judgment passed by the three Judge Bench of Hon'ble Supreme Court of India in SLP (s)-20330/2011 titled as Union of India and others versus P. A. Thomas is incorrect.

(3.) Learned counsel for the petitioners further submits that once, the report of the Medical Board clearly states that the disability of respondent No.1 is neither attributable to nor aggravated by military service, the grant of benefit of invalid pension to respondent No. 1 is incorrect, and the facts and circumstances in the present case has not been appreciated in correct aspect by the Tribunal while passing the impugned order dtd. 24/2/2023 (Annexure P-4).