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Judgment
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M.A. No. 923 of 2017:,,,
The applicant has filed this Miscellaneous Application with a prayer that an Independent Medical Board carry out a fresh medical examination of,,,
his condition with regard to his permanent low medical category A4G2 (P) on account of psychiatric disability 'Schizophrenia', without reference to the",,,
results of previous medical boards. To that extent, he has challenged the findings and opinion of the Medical Board dated 17.05.2016 (approved on",,,
29.08.2016) which are reproduced as hereunder:,,,
Medical Category now recommended with duration : A4G4 (P) Date & Place of next recat Board: 17 May 2017 (nearest service",,,
hospital),,,
Percentage of disability (only for permanent LMC),,,
(a) Previous disablement • 40%,,,
(b) Present disablement • 40%,,,
(c) Reasons for variation if any:N/A,,,
Anyspecificrestrictionregarding employment - Unfit for HAA. Combat conditions. Unfit to handle weapons. Other restrictions as per 1AP,,,
4303 IV Edition.,,,
Instructions given to individual by the President of the Board. You are placed in low med cat A4G4 (P), subject to approval by higher",,,
medical authorities. You are to follow the instructions as given in col No. 19 & 21.,,,
Adv. : Review when due with AFMSF-10X03 Copies. To report to SMC one month prior to due date. Fortnightly review by AMA and,,,
monthly review by at MOPD/PSYOPD.,,,
Sd/-,,,
Date : 17 May 2016 Signature of individual,,,
OPINION OF MED BOARD: During review by Sr Adv (Psy.) individual was recommended to be placed in Med Cat A4G2 (P) and also put,,,
him on employability restrictions (Unfit for HAA Combat conditions and unfit to handle weapons), which does not commensurate with para",,,
5.4.10 of IAP 4303. Hence Medical Board recommends him to be placed in Med Cat A4G4 (P).,,,
Place : 27 Wg AF Sd/-,,,
Date: 17 May 2016 Member Signature of President""",,,
The applicant submits that he is aggrieved by the fact that all periodic medical evaluations since January 2008 have taken a view that he is suffering,,,
from 'Schizophrenia'. On the other hand, it is only in May 2017 that the medical board recommended that his trade be changed. The applicant contends",,,
that he was always fit medically and the assessment by the medical boards has been erroneous and unfair and thus needs to be reviewed by an,,,
Independent Medical Board. Further, the order for recovery of Special Forces Allowance for the period from 15.04.2010 to 22.06.2012 must be set",,,
aside.,,,
On the other hand, it has been submitted on behalf of the respondents that Form 10 was raised on the applicant only because he was displaying",,,
symptoms of psychiatric illness, as substantiated by the fact that repeated psychiatric evaluations have found him suffering from Schizophrenia.",,,
Respondents have contended that medical boards comprise of independent set of officers without any favour, prejudice, bias or otherwise and the",,,
recommendations made by the board are independent in nature. Medical categories are decided purely based on the Specialist's opinion which is based,,,
on the clinical condition of the patient.,,,
After careful consideration, neither do we find evidence of any bias or malafide in the actions of various medical boards, nor has the applicant",,,
submitted any such evidence. Just finding the applicant as suffering from a psychiatric ailment cannot be construed to be evidence of bias against him.,,,
Hence, we find no merit in his arguments and the MA is disallowed.",,,
O.A. No. 421 of 2015:,,,
Aggrieved by the action of the respondents of stopping/recovering the Special Forces Allowance earlier granted to him, on the grounds that he is a",,,
low medical category, the applicant, who is a serving Corporal of the Indian Air Force, has filed this OA seeking the following reliefs :",,,
(a) To call all relevant medical records since 2007 by which various classified specialists have rendered their opinion to consider the case of applicant,",,,
in view of Form-10 raised by Commanding Officers, and quash the same.",,,
(b) To direct the Respondents to conduct fresh medical examination by Independent Medical Panel without any previous references.,,,
(c) To direct the respondents to grant Special Force Allowance to the applicant, to be paid with 18% interest.",,,
Heard the learned counsels on both sides and perused the pleadings and documents on file.,,,
Brief facts of the case, as averred by the applicant, are that he was enrolled in the Indian Air Force on 27.09.2005 in the S trade and underwent",,,
training at GRTC at Air Force Station, Hindon, after which he passed out and was posted to 605 Garud Flight with effect from 25.06.2007 to function",,,
in the S (Garud) trade. Less than two months later, on 17.08.2007, the applicant was sent by his CO to 166 Military Hospital for psychiatric evaluation",,,
after Form 10 was raised on him. The applicant was discharged from hospital on 05.02.2008 after downgradation to low medical category A4G4,,,
(Temp.) for Schizophrenia. Subsequently, on 27.01.2010, the applicant's low medical category was modified to A4G4 (Permanent). The applicant",,,
avers that, consequently, the grant of Special Forces allowance was discontinued retrospectively with effect from 25.06.2007 as the applicant was in",,,
low medical category. It is the applicant's case that he got himself examined at AIIMS on 11.10.2010, where he was made to undergo ECG and MRI",,,
SI,Time From,To,Medical Category
01,04 Feb 2008,26 Jan 2010,A4G4 (T)
02,27 Jan 2010,08 Feb 2011,A404 (P)
,,,
03
04","09 Feb 2011
10 Dec 2012","09 Dec 2012
08 Jan 2014","A4G2 (P)
A4G4 (P)
,,,
,,,
possess. Nevertheless, till such time he remained a temporary medical category, there were no grounds to stop his Special Forces allowance or",,,
thereafter recover amounts already paid to him for that period. To that extent, in our opinion, contents of AFO 22/2016 cannot be applied",,,
retrospectively with a view to deny Special Forces allowance or recover amounts already paid to him as per earlier rules.,,,
In the result, we do not find merit in the applicant's prayer for reinstatement as a Garud and the same is dismissed. However, keeping in view that",,,
AFO 22/2016 could have been put into effect only prospectively, we find that the applicant was entitled to Special Forces allowance from 25.06.2007",,,
to 26.01.2010, during which period he was in A4G1 or A4G4 (Temp.) medical category.Hence, he should be paid Special Forces allowance for that",,,
period. Any amount withdrawn or recovered from him for this period be returned to him. Action be taken accordingly within four months, failing",,,
which, the amount shall carry 6% interest.",,,
No order as to costs.,,,
Pronounced in open Court on this 20th day of January, 2020.",,,