K.R. Kuttappa Vs. the Secretary, Ministry of Defence, Government of India, Army Headquarters and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1116691
CourtArmed forces Tribunal AFT Regional Bench Kochi
Decided OnMar-15-2012
Case NumberO.A.NO.65 OF 2012
JudgeA.N. VARMA, MEMBER (J) & THE HONOURABLE LT. GEN. THOMAS MATHEW, PVSM, AVSM, MEMBER (A)
AppellantK.R. Kuttappa
RespondentThe Secretary, Ministry of Defence, Government of India, Army Headquarters and Others
Excerpt:
a.n. varma, member (j): by means of this original application, the applicant has prayed for a direction to be issued to respondents that he be declared as entitled to disability pension. 2. the applicant was enrolled in the indian army on 3rd september 1992 and after having rendered 10 years and 140 days of embodied service and 2 years and 254 days of unembodied service was discharged on 31.10.2005. thereafter, the applicant during the course of training at dsc camp centre at kannur, which he joined on re-enrolment, became anemic and his physical condition worsened. thereafter he returned home and on account of his health condition was also admitted in the district hospital. the applicant, however, did not join as a result of which he was discharged from service of dsc on 18.12.2006. since there was no opinion expressed by the medical board, therefore, the question of grant of disability pension in the absence of such report is not admissible. 3. regulation 178 of the pension regulations for the army, part i, 1961 contemplates that if an individual stands retired or is discharged from service, then within a period of 10 years from the date of retirement/discharge, if he is found suffering from a disease which is attributable to military service, then the competent authority in addition to pension/gratuity, may allow disability element of pension to the applicant. since there is no opinion expressed by the medical experts regarding the disability, therefore, the applicant is not entitled for disability pension. 4. however, in view of the aforesaid provision, the applicant can approach the medical authorities for re-survey of his medical disability and upon an opinion expressed by the experts, in case disability pension is disallowed, he can approach appropriate forum for redressal of his grievance. 5. in the circumstances, we hereby provide that the applicant may approach the record officer concerned within a period of one month from today and make an application for re-survey of his medical condition. in case such an application is preferred as aforesaid, the record officer concerned shall arrange for a medical board and after the opinion expressed by the said medical board regarding the disability of the applicant, shall forward the proceedings of the medical board to p.c.d.a.(p) for further necessary action. with the aforesaid direction, the o.a. stands disposed of.
Judgment:

A.N. Varma, Member (J):

By means of this Original Application, the applicant has prayed for a direction to be issued to respondents that he be declared as entitled to disability pension.

2. The applicant was enrolled in the Indian Army on 3rd September 1992 and after having rendered 10 years and 140 days of embodied service and 2 years and 254 days of unembodied service was discharged on 31.10.2005. Thereafter, the applicant during the course of training at DSC Camp Centre at Kannur, which he joined on re-enrolment, became anemic and his physical condition worsened. Thereafter he returned home and on account of his health condition was also admitted in the District Hospital. The applicant, however, did not join as a result of which he was discharged from service of DSC on 18.12.2006. Since there was no opinion expressed by the Medical Board, therefore, the question of grant of disability pension in the absence of such report is not admissible.

3. Regulation 178 of the Pension Regulations for the Army, Part I, 1961 contemplates that if an individual stands retired or is discharged from service, then within a period of 10 years from the date of retirement/discharge, if he is found suffering from a disease which is attributable to military service, then the competent authority in addition to pension/gratuity, may allow disability element of pension to the applicant. Since there is no opinion expressed by the medical experts regarding the disability, therefore, the applicant is not entitled for disability pension.

4. However, in view of the aforesaid provision, the applicant can approach the medical authorities for re-survey of his medical disability and upon an opinion expressed by the experts, in case disability pension is disallowed, he can approach appropriate forum for redressal of his grievance.

5. In the circumstances, we hereby provide that the applicant may approach the Record Officer concerned within a period of one month from today and make an application for re-survey of his medical condition. In case such an application is preferred as aforesaid, the Record Officer concerned shall arrange for a Medical Board and after the opinion expressed by the said Medical Board regarding the disability of the applicant, shall forward the proceedings of the Medical Board to P.C.D.A.(P) for further necessary action.

With the aforesaid direction, the O.A. stands disposed of.