JUDGMENT :

DIPANKAR DATTA, J.

THE CHALLENGE

1. The present civil appeal lays a challenge to the judgment and order dated 05th September, 2012 (“impugned judgment”, hereafter) of the Principal Bench of the Armed Forces Tribunal at New Delhi (“AFT”, hereafter), whereby the AFT rejected the appellant’s prayer seeking reference of his diagnosis as AIDS inflicted, to a fresh Medical Board.

BRIEF RESUME OF FACTS

2. The factual matrix of the case, insofar as is relevant for the purpose of a decision on this appeal, is noted hereinbelow:

(i) The appellant was enrolled in the Indian Army on 30th October, 1993 as a Havaldar. He continued discharging his duties on a clerical post without impediment until the year 1999, when he began suffering from fever, headache and vomiting. For treatment he was referred to the Jabalpur Military Hospital. Here, the appellant tested positive for HIV.

(ii) On 9th January, 2000, the Army Headquarters issued a Notice (“Notice”, hereafter) stating that all persons who are HIV+ve and are suffering from pulmonary or extrapulmonary tuberculosis, would be considered as AIDS cases.

(iii) Thereafter, on 20th August, 2001, the appellant developed similar symptoms yet again, fo