DIPAK MISRA, R.BANUMATHI
EX. GNR. LAXMANRAM POONIA (DEAD) THROUGH LRS. – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
R. Banumathi J.
This appeal arises out of the order dated 21.03.2014 passed by the Armed Forces Tribunal, Regional Bench, Jaipur, Rajasthan in O.A. No. 200 of 2010, thereby declining award of disability pension to the appellant. The Tribunal vide order dated 23.02.2016 also dismissed M.A. No. 390 of 2015 filed by the appellant seeking leave to appeal under Section 31 of the Armed Forces Tribunal Act.
2. The facts relevant for disposal of this appeal are as follows:- The appellant was enrolled in the Indian Army on 14.09.2005. His basic military training was convened at Army Air Defence Centre Nasik Road Camp, commencing from 16.09.2005 and after completion of training, he was posted at 27 AD Regiment for further service. It is the case of the appellant that on the eve of Diwali Festival in November, 2007, he was overburdened with work due to scarcity of staff. Due to continuous restless duty hours for several days, he suffered hypertension resulting in lack of sleep and hunger. Ultimately, he requested the Commanding Officer of his Unit to sanction him leave considering his critical condition. However, instead of granting leave, the Commanding Officer got him admitted in 174
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