MADAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was invalidated from service by the Medical Board on 7.11.2000. His medical category was lowered down from AYE to EEE. The injury is stated to have been incurred by the petitioner before his entry into the service and was not attributable to the Army service. He was found not to be entitled to receive disability pension. It is this order which is subject matter of challenge before this court.

(2.) BRIEF facts of the case are that the petitioner was enrolled in the Army service as a recruit/GD on 16.12.1999. He was subjected to physical as well as medical test at the time of his appointment and no disability was found at that point of time. It is alleged by the petitioner that while he was undergoing firing practice at training centre Jabalpur in the year 2000, he has suffered this injury as a result of which he was unable to hear anything. The petitioner was referred to Military Hospital, Jabalpur. The ENT Specialist diagnosed the petitioners illness as case of Bilateral CSOM (RT) and recommended to be invalidated from service on account of low medical category EEE. This report was confirmed on 1.8.2000 by the Air Commodore Consultant and H.O.D (ENT) Army Hospital, Delhi. This injury was held not to be attributed prior to the service in the Army.

(3.) THE petitioners grievance is that he was found fit at the time of recruitment in the Army and this injury was not detected or found at that point of time. It was only during the firing practice that he incurred this injury, as such, he was entitled to receive disability pension. The other contention of the petitioner is that he is also entitled to shelter appointment in the Army.