EX. RFN. BHADUR LAL Vs. U. O. I

JUDGEMENT

(1.) PETITIONER was enrolled in the Army (JAK-RIF) on 15-10-1980 as the Infantry Solider and deputed for training to Army Training School at Jabalpur on 29th July 1989. While the petitioner was still undergoing entry level training, he develop pain in his back and was admitted in Military Hospital Jabalpur, where he remained till 21-09-1981 as indoor patient and was discharged with 28 days ' sick leave. There was no respite in his pain and he was again admitted in the Army Hospital Jabalpur on 30 November 1981. Finally an Invaliding Medical Board was constituted on Ist. March 1982 at Military Hospital Jabalpur. The Board examined the petitioner and took the view that he was unlikely to be a fit solider due to his invaliding disability. The Board recommended his discharge on medical grounds under the medical category "EEE ". The opinion rendered by Medical Board was approved by the Officiating ADMS HQ MP B&O Area Jabalpur on 13th March 1982. The petitioner was invalided out of service w. e. f 2nd April 1982 under Army Rule 13(3) item IV as an unattested solider (Recruit) due to invaliding disability "SCIATICA (LT) 353 " with 20 percent disability.

(2.) THE petitioner after his discharge on medical grounds approached respondents with his claim for disability pension. His claim though duly forwarded by the JAK RIF to CCDA (P) Allahabad was rejected vide letter no G3/82/5521/IV/703 dated 26th August 1982. The Competent Authority was of the opinion that the disease from which the petitioner was found to be suffering was not attributable to or aggravated by the Military Service. The decision was duly communicated to the petitioner.

(3.) THE petitioner once again preferred an appeal on 18th June 1992 i.e. after a gap of 5 years. The second appeal was considered by Government of India, Ministry of Defence and same was rejected. The decision was conveyed to the petitioner vide order no. 6(27)/92/D (Pen-A & AC)/IInd Appeal dated 21st April 1994.