Case Note & Summary
The writ petition challenges the order dated 12.10.2023 passed by the Armed Forces Tribunal, Regional Bench, Chennai, in O.A. No. 95 of 2020. The petitioner, an ex-guardsman of the Territorial Army, was enrolled on 15.09.1996. While on duty at Srinagar, he suffered the disability 'CNS (INV) Seizures (L) Frontalssel'. He was invalidated out of service on 31.07.2001 after rendering 4 years and 11 months of service. The Release Medical Board assessed the disability at 20% for life and opined that it was neither attributable to nor aggravated by military service, but rather constitutional in nature. The petitioner's first appeal was rejected on 13.10.2005. He then approached the Armed Forces Tribunal in 2020, after a delay of over 14 years from the rejection. The Tribunal dismissed the original application on grounds of limitation under Section 22 of the Armed Forces Tribunal Act, 2007, and also on merits, holding that the disability was not connected to service. The petitioner filed the present writ petition seeking to quash the Tribunal's order and to direct the respondents to grant disability pension or invalid pension with all attendant benefits from the date of invalidation. The court heard arguments on behalf of the petitioner and the respondents. The respondents contended that the claim was hopelessly time-barred and that the medical opinion clearly indicated the disability was constitutional. The judgment of the High Court remains awaited on the issues of limitation, attributability of the disability, and the entitlement to pension.
Issue of Consideration
Whether the Armed Forces Tribunal erred in rejecting the disability pension claim as time-barred and on merits, and whether the petitioner's disability was attributable to or aggravated by military service.
Case Details
2025 LawText (MAD) (02) 188
S.M. Subramaniam, K. Rajasekar
Mr.M. Selvaraj And Ms.S. Sivaranjani, M/s. V.T. Balaji,SPC
Ex-10329400-l Gdsm Sreenivasa Reddy
Union of India, Chief of Army Staff, Principal Controller Defence Accounts (pension), The Officer I/C Records, Records Brigade of the Guards
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ Petition under Article 226 challenging Armed Forces Tribunal order denying disability pension.
Remedy Sought
The petitioner sought quashing of the Tribunal order dated 12.10.2023 and grant of disability pension or invalid pension with benefits from date of invalidation.
Filing Reason
The Armed Forces Tribunal rejected the original application as time-barred under Section 22 of the Armed Forces Tribunal Act, 2007, and on the ground that the disability was constitutional and not attributable to military service.
Previous Decisions
Armed Forces Tribunal, Regional Bench Chennai, dismissed O.A. No. 95 of 2020 on 12.10.2023; earlier, appeal rejection by 4th respondent on 13.10.2005.
Issues
Whether the Original Application before the Tribunal was barred by limitation under Section 22 of the Armed Forces Tribunal Act, 2007.
Whether the petitioner's disability, 'CNS (INV) Seizures (L) Frontalssel', was attributable to or aggravated by military service.
Whether the petitioner is entitled to disability pension or invalid pension under applicable rules.
Submissions/Arguments
Petitioner contended that disability occurred while on duty at Srinagar and should be considered attributable to military service; limitation should not bar a legitimate claim.
Respondents argued that the claim is time-barred by over 14 years, and the Medical Board found the disability constitutional and unrelated to service.
Judgment Excerpts
Under assail is the order dated 12.10.2023 passed in O.A.No.95 of 2025 on the file of Armed Forces Tribunal, Regional Bench at Chennai.
The Release Medical Board assessed the ID 'CNS (INV) Seizures (L) Frontalssel' at 20% for life and opined that the disability is neither attributable nor aggravated by military service.
Procedural History
Enrolled in Territorial Army on 15.09.1996; disabled while on duty at Srinagar; invalidated on 31.07.2001; first appeal filed 18.09.2005, rejected 13.10.2005; Original Application filed in 2020 (O.A. 95/2020) before Armed Forces Tribunal, Chennai; Tribunal dismissed on 12.10.2023; Writ Petition filed in 2024 (WP 13502/2024) before Madras High Court.
Acts & Sections
- Armed Forces Tribunal Act, 2007: Section 22
