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Judgment
This application has been filed under Section 25 of the Armed Forces Tribunal Act, 2007 (AFT Act' for short) and the prayer made in the
application reads as under :
(a) Pass an order to grant stay on the discharge of the Applicant from the service till the pendency of the OA No. 716/2020.
(b) Alternativelyhear the case finally and dispose of the case.
The prayer is that Annexure A-4, the order by which the applicant is supposed to be discharged on the ground that he is permanently in the Low
Medical Category, is impugned. In O.A. No. 716 of 2020, the subject-matter of the dispute under Section 14 of the AFT Act and the prayer made in
the said application reads as under:
a) To pass an order directing the respondents to bring all the relevant documents and policy on record.
b) To pass an order directing the respondents to detail the applicant for B.Ed. course commencing on 08.07.2020 at AEC Trg Center and
College Panchmarhi, or
c) To pass an order directing the respondents to explore possibilities of granting study leave to the applicant.
d) To grant such other relief appropriate to the facts and circumstances of the case as deemed fit and proper.
A perusal of the pleadings in O.A. No. 716 of 2020 indicates that the applicant, in that case, was aggrieved by the action taken with regard to
certain disciplinary proceedings initiated against him, allegations of harassment were made and finally the relief claimed was to direct the respondents
to permit the applicant to undertake a course as has been prayed in Para 8 (b) and (c) of the OA.
On a perusal of the grounds raised in the OA, we do not find that there is any ground made out for challenging the discharge on Low Medical
Category and even there is no challenge to the order of discharge passed discharging the applicant on account of his being a person in the Low
Medical Category.
That being so, the relief claimed in this application is not the original relief claimed in O.A. No. 716 of 2020 and without the same being done, no
interim protection can be granted to the applicant. MA is, therefore, disposed of.
However, in case the applicant wants to challenge his discharge on medical ground, he shall have the liberty to do so in accordance with law either
by amending the OA or by filing a fresh original application under Section 14 of the AFT Act.
In view of the above, OA also stands disposed of.