R.K.CHHABRA, J. - (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.
(2.) 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. 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.), Pithragarh 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 was informed on 5.11.2001 (Annexure-3) by respondent No. 4 that his disability pension claim had been rejected by C.D.A. (Pension) as his disability was neither attributable to nor aggravated by the Army ser­vice. The applicant not satisfied by the said order submitted his first appeal on 27.12.2001 (Annexure-4) which was rejected on 31.10.2003 (Annexure-5). He submitted his second appeal on 21.2.2004 (Annexure-6) which was rejected by respondent No. 1 on 8.6.2005 (Annexure-7). Not satisfied with the rejection of the second appeal, the applicant served a legal notice dated 23.9.2005 on the respondents Nos. 1 to 5 (Annexure-9). Respondent No. 4 replied to the legal no­tice on 11.11.2005 (Annexure-10) stating that the applicant had contacted A.I.D.S. (H.IV.) infection due to his own negligence and he thus cannot be con­sidered for disability pension.;