JUDGMENT :

Om Prakash Shukla, J.

(A) Introduction

1. The challenge in the present writ petition under Article 226 of the Constitution of India is to the impugned order dated 29th of March, 2023 passed by the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter referred to as ‘the Tribunal’) in Original Application No.649 of 2022, whereby, a challenge laid by the petitioner to his discharge from service on May 31, 2022 was dismissed..

(B) Factual Matrix

2. The petitioner was enrolled in the Indian Army (JAK RIF Regiment) on May 4, 1990. Subsequently, he was granted promotion to the rank of Naik w.e.f. 01st December, 1995; to the rank of Havildar w.e.f. 01st December, 1999; and to the rank of Naib Subedar w.e.f. 01st June, 2013.

3. While continuing to work as Naib Subedar in the Indian Army, he was diagnosed “Coronary Artery Disease-Interior Wall Myocardial Infraction (ICD-121.0)” by 92 Base Hospital and accordingly, he was downgraded to low medical category P3 (T-24) with effect from 08th October, 2013 to 25th March, 2014. Subsequently, petitioner’s case was reviewed, upon which his medical category was upgraded to P2 (T-24) w.e.f. 25th March, 2014 to 09th September, 2014 and there