JAGDISH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS case has come before us by way of transfer under section 34 of the Armed Forces Tribunal Act, 2007 from Uttaranchal High Court at Nainital. The applicant was enrolled in the Indian Army on 29.2.1996 and was posted in 3rd Battalion, The Parachute Regiment (Special Forces) on 28.4.1997. He served with the Battalion in various duty stations including in Kargil during Operation VIJAY.

(2.) THE applicant was granted two months annual leave from 10.2.2000. He developed chronic cough and mild chest pain during the said leave and was admitted in 161 Military Hospital (M.H.), Pithoragarh near his home station. He was finally referred to M.H. (Cardio Thoracic Centre (C.T.C.) at Pune and was under treatment there from 23.7.2000 to 19.9.2000. He was diagnosed as a case of "A.I.D.S. 042 -A (H.I.V. Infection with Disseminated Tuberculosis Lymph Nodes + Pleural)" (Annexure -1) and placed in medical category P -5 and recommended to be invalid out of service. He was invalidated out of service with effect from 1.11.2000 and directed to be discharged D.T.H. (Direct to home).

(3.) THE applicant in the meanwhile reported for monthly Medical Review at 161 M.H., Pithoragarh from 12.12.2005 to 15.12.2005. A detailed medical examination of his ailment was carried out during the said period. The x -ray report was found to be normal and all other related parameters were found to be N.A.D. Accordingly, the applicant submitted another application on 27.12.2005 (Annexure -18), however, he did not receive any response from the respondents. The applicant, aggrieved by inaction of the respondents filed Writ Petition No. 96 (S/S) of 2006. The applicant has made following prayer: