The Delhi High Court dismissed a petition, challenging an order dated February 15, 2019, passed by the Armed Forces Tribunal in OA No.1493/2016, whereby the Tribunal dismissed the OA filed by the petitioner. The Court observed that if the disease was not attributable to the military service, the petitioner could not have been given the disability pension as sought by him in the OA.
Brief Facts:
The challenge of the petitioner in the OA, before the AFT was to an order dated May 16, 2016, rejecting the second appeal by the Air Headquarters against the decision dated August 10, 2012, of the respondents to invalidate him out of service on the ground of medical disability “other non-Organic Psychosis” with a prayer that he should be granted disability pension with effect from the date of discharge @ 50% after broad-banding/rounding off.
The petitioner was enrolled as an Airman in the Indian Air Force on December 28, 2011. He joined Air Force Station Belgaum for training on December 31, 2011. On January 07, 2012, before the formal training had commenced, the petitioner had brought to the attention of the medical authorities the oddities of behaviour in the form of talking irrelevantly and not sleeping. He was admitted for three days as a case of insomnia and discharged on January 09, 2012, after a session with the counsellor. Based on the opinion given by the Associate Professor, the petitioner was invalidated on August 10, 2012.
The case of the petitioner before the Tribunal was that he was found medically fit by the medical authorities before his enrolment into the Air Force and that any disease or injury detected or sustained thereafter should be considered as attributable/aggravated by military service.
The case of the respondents before the Tribunal was that the petitioner was found to be suffering from a mental disorder in the first week after enrolment, that is even before the commencement of the basic training, which is indicative that he was suffering from the disease even at the time of his initial medical examination, and that he had concealed the same from the medical authorities.
Observations of the Court:
The Court noted that the primary ground on which the Tribunal rejected the petitioner for disability pension claimed that the petitioner was detected with a mental disorder within one week of his joining after enrolment even before his basic training had commenced.
The Court observed that the disease having been detected within one week of his joining after enrolment, the same could not be attributable to the military service. If the disease was not attributable to the military service, the petitioner could not have been given the disability pension as sought by him in the OA.
The Decision of the Court:
The Delhi High Court, dismissing the petition, held that there is no merit in the petition.
Case Title: Vinay Kumar Pandey v Union of India & Ors.
Coram: Hon’ble Justice V. Kameswar Rao and Hon’ble Justice Saurabh Banerjee
Case No.: W.P.(C) 1828/2024, CM APPL. 7643-7644/2024
Advocate for the Petitioner: Mr. Rakesh Kumar Singh
Advocate for the Respondents: Mr. Harish Vaidyanathan Shankar
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