Hay Keshav Dev vs Union Of India And Others

Heard on the point of admission.

Vide separate order, OA stands dismissed.

Heard on the point of admission.

By means of the present OA the applicant has approached this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, praying for the

following reliefs:

a) Issue directions to the respondents to declare the disability of Harmful use of Alcohol (F-10.1) either as attributable or aggravated to military

service and consequentially the applicant be granted disability pension from the date of discharge for life with arrears with penal interest to meet the

ends of justice;

b) Issue directions to the respondents to reinstate the applicant in service;

c) To set aside the order dated 18.03.2018 passed in First Appeal and discharge order dated 30.11.2018.

d) Pass such other and further orders to the respondents by way of an adequate exemplary compensation in the attendant genuine circumstances of

the case, to meet the ends of justice.

This is a case with a prayer for grant of 'disability pension to the applicant who has been discharged with pension as a Havildar after completing 24

years of service. The Ld Counsel for the applicant vehemently submitted that injustice has been done to the applicant because his disease as

mentioned in RMB ""HARMFUL USE OF ALCHOHOL (F10.1)"" has been declared as NANA and the applicant has been deprived of disability

pension and his appeal against the opinion of RMB, declaring the disability as NANA. has also been rejected.

On perusal of the release medical board placed on record by the applicant reveals that the applicant's commanding officer had referred the

applicant for Psychiatric care in January 2018 i.e. about 11 months before his scheduled discharge on 30.11.2018; for acute alchohol intoxication

(BAC234 mg/100 ML). It was also reported that despite being from driver trade he was on many occasions found under influence of alcohol while on

duty. In these circumstances the medical authorities identified his disability as ""HARMFUL USE OF ALCHOHOL (F10.1)"" and carried out standard

protocols of treatment for de-addiction and abstinence from alcohol. However as per specialist doctor's opinion as contained in RMB dated

30.08.2018, the applicant could not recover fully and had the tendency to hit the bottle during treatment. In these circumstances the applicant was

discharged from service on 30.11.2018 as per his terms and conditions of service as a Havildar and is in receipt of Havildar's service pension for life.

In the above factual backdrop and a clear medical opinion, we are of the considered view that applicant has failed to make out a prima facie case to

justify his demand for disability pension. On the contrary, it appears to be a case of self harm through alcohol abuse.

Learned counsel for the applicant has failed to satisfy as to how Harmful use of Alcohol is either attributable to or aggravated by military service

which is one of the condition precedent for grant of disability pension. Hence the case law cited by the applicant i.e.. Dharamvir Singh versus Union

of India & Others (2013) 7 SCC 316 does not help him.

6 Thus, after considering the entire issue, we dismiss this case at admission stage itself as devoid of merit.