BAL KRISHAN Vs. UNION OF INDIA AND ORS.
ARMED FORCES TRIBUNAL
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(1.) By means of the present petition, the petitioner, who was enrolled in the Indian Army on 17.03.1964 and was released from service on 31.12.1982 with 20% disability, has claimed grant of disability element of pension.
(2.) The case of the petitioner, in brief, is that at the time of joining Army service in Gorkha Regiment on 17.03.1964, he was thoroughly medically examined by the Recruiting Medical Officer, as is evident from AFMSF 2A, dated 17.03.1964. On completion of military training, he was posted to 1GR Records and was transferred to various places thereafter. During service, his medical category was lowered down and he remained under treatment from January 1976 to December 1977. He was diagnosed as a case of 'ESSENTIAL HYPERTENSION' by the Medical Board. The petitioner sought voluntary discharge and before discharge was brought before an Invaliding Medical Board. The Invaliding Medical Board also found him suffering from the disability 'ESSENTIAL HYPERTENSION' and the percentage of disability was assessed as 20% for two years. However, the Medical Board opined the disability as neither attributable to, nor aggravated by the Military Service (NANA). Allegedly, the PCDA(P) has wrongly denied disability element of disability pension to the petitioner, hence the present petition.
(3.) The respondents have filed a written statement and have come out with a case that the petitioner was discharged from service on 31.12.1982 on his own request under Rule 13(3) Item III (iv) after rendering service for 18 years, 09 months and 14 days. He has been granted service element of pension. At the time of discharge, the Release Medical Board (AFMSF -16), held on 06.10.1982 at Command Hospital Air Force, Bangalore, assessed his disability as 20% for two years. The petitioner is not entitled to get disability element of pension because per the medical opinion of the RMB, the disability suffered by the petitioner was opined to be neither attributable to, nor aggravated by the Military Service.;
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