Gurdeep Singh vs Union of India

Hemant Gupta, J.—The challenge in the present writ petition is to order passed by Armed Forces Tribunal, Chandigarh on 6th March, 2013 (Annexure P-1), whereby, the claim of the petitioner for grant of disability pension was declined. As per the facts on record, petitioner was enrolled in the Army on 17th June, 1973 but was invalided out of service w.e.f. 21st June, 1981 under the Army Rule 13(3) Item III (iii) after being placed in Low Medical Category CEE (P). The Invaliding Medical Board opined the disability of the petitioner to be neither attributable nor aggravated by the Military Service.

The petitioner invoked the jurisdiction of the Armed Forces Tribunal, in the year 2011 i.e. after more than 30 years of his discharge from service. Learned Tribunal has found that the original application filed by the petitioner after 30 years is not maintainable. The Tribunal has also taken into consideration the opinion of the Medical Board that the petitioner was suffering from MYOCARDIC-INFARCTION which is neither attributable nor aggravated by the Military Service.

Learned counsel for the petitioner has vehemently argued that the original opinion of the Medical Board regarding disability has not been produced opining that the disease stated to be suffered by the petitioner is neither attributable nor aggravated by the Military Service before the Tribunal. It is reported to have been destroyed even before the requisite period for which such medical record was required to be retained. Therefore, an adverse inference should be drawn against the respondents.

We do not find any merit in the argument raised by the learned counsel for the petitioner. Even if the record has been destroyed before the requisite period required for maintaining or keeping the record but the fact remains, the petitioner was invalided out of service on 21st June, 1981. He has invoked the jurisdiction of the Tribunal only in the year 2011 i.e. almost after 30 years.

In reply before the Tribunal, there is categoric assertion that Invaliding Medical Board has opined the disability of the petitioner to be neither attributable nor aggravated by the Military Service. In fact, delay on the part of the petitioner to invoke the jurisdiction of the Tribunal cannot come to his benefit in respect of non-maintaining of records by the respondents. We do not find any infirmity in the order passed by the Tribunal inter-alia for the reason that the petitioner has invoked the jurisdiction of the Tribunal after the delay of 30 years and also for the reason that there is nothing to doubt the correctness of the averments made by the respondents in the written statement.

In the light of the above, the present petition stands dismissed.