JUDGMENT

Navin Chawla, J. (Oral)

The petition has been heard by way of video conferencing.

CM 32020/2021(exemption)

Allowed, subject to all just exceptions.

WP(C) 10401/2021

1. This petition has been filed by the petitioner challenging the order dated 08.10.2020 passed by the learned Armed Forces Tribunal, Special Bench, New Delhi (hereinafter referred to as 'AFT') in OA No.209/2016 filed by the petitioner dismissing the OA, and as a consequence, seeking setting aside of the Medical Board findings which declared the petitioner's disability to be not attributable to/not aggravated by military service and denying disability pension to the petitioner. The petitioner further prays for grant of disability pension along with arrears for the period starting from three years from the date of filing of the petition before the learned AFT.

2. It is the case of the petitioner that the petitioner, after successfully completing pre-commission training, was granted commission in the Indian Air Force in the rank of Pilot Officer. On 22.09.1977, while on duty with the 15th Squadron in Bagdogra, the petitioner, while riding to an official briefing on a motorcycle driven by his colleague Fg Offr