Indra Dev vs Union Of India And Others

M.A No. 1859 of 2019:

Heard learned counsel for the parties on the point of delay.

In view of the averments made in the M.A and finding the same to be bona fide, we condone the delay of 320 days in filing the O.A.

M.A is allowed.

0.A No. 1143 of 2019:

Through the medium of the instant 0.A filed under Section 14 of the Armed Forces Tribunal Act 2007, the applicant is seeking the following reliefs:

(a) Direct the respondents to declare the disability of 'Alchohol Dependence Syndrome' either as attributable to or aggravated by military service and

consequentially grant disability pension to the applicant from the date of discharge for life with arrears with penal interest to meet the ends of justice;

(b) 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.

After condonation of delay, today the case is listed for hearing on the point of admission. The learned counsel for the applicant submitted that the

applicant was enrolled in the Army on 28.10.1993 in the ASC Battalion and in course of time, he was promoted to the rank of Havildar. He was

discharged from service on 31.12.2017, on completion of 24 years of full colour service in low medical category for the disability 'Alchohol

Dependence Syndrome'. Prior to his release from service, the applicant was brought before a Release Medical Board (RMB), which assessed his

disability viz. 'Alchohol Dependence Syndrome' @ 40% for life. However, it opined the disability to be Neither Attributable Nor Aggravated by

Military Service (NANA).

Learned counsel for the applicant further submitted that the applicant was enrolled in the Army in a medically and physically fit condition and there

was no note in his service records to show that he was suffering from any disease prior to enrolment, therefore, any disability suffered by the

applicant after joining the service is attributable to military service. He pleaded for grant of disability pension to the applicant.

On the other hand, learned counsel for the respondents contended that though the case is not yet admitted and the counter affidavit has not yet been

filed, however, as a general principle the disability 'Alchohol Dependence Syndrome' is normally not connected with service because it is linked to

personal drinking habits and self discipline. Hence this disease is not attributable to or aggravated by military service. He further submitted that the

specialist opinion in RMB reveals that the applicant had a chronic pattern of Alchohol consumption since last one decade and that initially he started

consuming Alchohol in a limited manner, but gradually he started liking the effects of Alchohol and escalated his Alchohol use both in quantity and

frequency. Gradually over next few years, he developed craving, loss of control and withdrawal symptoms on abstinence from Alchohol. It was

further submitted by the learned counsel that the applicant has been released from service on completion of 24 years of service as a Havildar with

service pension. His disability 'Alchohol Dependence Syndrome' has been opined as NANA and not connected with service by the duly constituted

Release Medical Board. Hence the applicant is not entitled to disability pension. He prayed for the dismissal of the instant O.A.

Having heard the learned counsel for the applicant and also the learned counsel for the respondents and after perusal of the RMB records made

available to us in 0.A., the question before us is, whether this case is fit for admission?

We have noted that in this case, the applicant has been discharged from service after completing 24 years service as Havildar with service pension.

RMB has opined that his disability 'Alchohol Dependence Syndrome' as neither attributable to nor aggravated by military service. Additionally, we

have gone through the opinion of the specialist Medical Officer Maj Mayank Namdeo, Graded Specialist (Psychiatry) of 167 MH, where he refers to

the fact that applicant was referred for psychiatric examination by unit authorities for Alchohol related problems in 2016. His psychiatric evaluation

revealed over a decade of chronic pattern of Alchohol consumption along with addiction to other psychoactive substances like `GUTKA'. After

reading the full and lengthy report of the specialist, it is clear to us that applicant was advised on multiple occasions by unit authorities and his wife to

abstain from drinking but in vain. Hence seeing no improvement, the unit authorities referred him for psychiatric examination for Alchohol

Dependence on 24th Nov, 2016 and since he was due to proceed on discharge on 31.12.2017, as a HAVILDAR, his Release Medical Board was

done on 16.10.2017 and accordingly his RMB opined that his disease is because of his own drinking habits, hence NANA.

Considering all issues, we don't agree with the contention of learned counsel for applicant that because Army issues liquor to its men, therefore,

'Alchohol Dependence Syndrome' is Attributable to military service. We are of the opinion that Army as per its tradition permits Alchohol consumption

by and large on the same lines as it is permitted in many civil organisations. In any case, drinking is a voluntary activity and not compulsory in Army.

Thus whether to drink or not to drink and how much to drink and when to drink is a matter of individual choice and discipline. Hence we agree with

the opinion of the medical board that this disability is related to applicant's drinking habits and not related with service hence the disability is NANA.

Accordingly, the 0.A. is dismissed in 11117The at the time of admission itself,

No order as to costs.