- (1.) Challenge in the present writ petition is to an order passed by the Armed Forces Tribunal, Chandigarh Regional Bench at Chandimandir (for short 'the Tribunal') on 25.05.2010 declining the claim of the petitioner for grant of disability pension.
(2.) The petitioner joined Indian Army on 27.07.1963. However, he was invalidated out of service on 24.06.1965 i.e. after completion of 1 year and 328 days. The history of the disease given by the petitioner and the opinion of the ENT Specialist at the time of discharge read as under: History of present illness: Patient states that since past 9 months he is getting purulent discharge and pain in the right ear. It started in childhood first in the left ear which was treated and the discharge stopped. It is now in the right ear. The discharge steps intermittently and now since 9 months he is having it again. He is repeatedly getting attacks of cold with running nose. Opinion of ENT Specialist: A case of chronic suppurative otitis media (Rt. ear) with large central perforation of tympanic membrane. The discharge existed since child-hood. Left ear & nose NAD. He has frankly septic tonsils, he has refused tonsillectomy. Hearing Rt. CV at 6 feet. Lt. ear CV at 20 feet. He is a recruit & is not likely to be an efficient soldier. Recommended Cat EEE.
(3.) The petitioner earlier filed a writ petition bearing CWP No. 3643 of 1994 before this Court claiming disability pension. However, the same was transferred to the Tribunal on the commencement of the Armed Forces Tribunal Act, 2007. The Tribunal declined the claim of the petitioner for the reason that the geographical location of the place of posting and the nature of duties do not indicate any circumstances, which may either had the effect of development of the ailment attributable to or aggravated by military service. The Tribunal referred to the proceedings of the invalidating Medical Board that in nose and throat fibers and skeptics were found, while right ear was having mucous discharge plus drum shows subtotal perforation. It was concluded to be a case of "Chronic Suppurative Otitis" with large central perforation of tympanic membrane. Consequently, the Tribunal found that the ailment was neither attributable to nor aggravated by military service.;