COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI Dd. OA 1543/2019 with MA 2489/2019 Ex CPL T K Doraiswamy sistas Applicant VERSUS Union of India and Ors. .... Respondents For Applicant : Mr. Ajit Kakkar, Advocate For Respondents: Mr. Avdhesh Kumar Singh, Advocate CORAM HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER 20.09.2023 Vide our detailed order of even date we have allowed the OA 1543/2019. Learned counsel for the respondents makes an oral prayer for grant of leave to appeal in terms of Section 31(1) of the Armed Forces Tribunal Act, 2007 to assail the order before the Hon’ble Supreme Court. After hearing learned counsel for the respondents and on perusal of order, in our considered view, there appears to be no point of law much less any point of law of general public importance involved in the order to grant leave to appeal. Therefore, the prayer for grant of leave to appeal stands declined. (JUSTICE ANU MALHOTRA) /OMEMBER (J) (REAR AD REN VIG) MBER (A)COURT NO. 2, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 1543 of 2019 with M.A. No. 2489 of 2019 In the matter of: Ex Cpl T.K. Doraiswamy ... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Shri Ajit Kakkar, Advocate For Respondents : Shri Avdhesh Kumar Singh, Advocate CORAM: HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER M.A. No. 2489 of 2019 : Vide this application, the applicant seeks condonation of delay in filing the OA 1543/2019. In view of the law laid down by the Hon’ble Supreme Court in the case of Deokinandan Prasad Vs. State of Bihar [AIR 1971 SC 1409] and in Union of India & Ors. Vs. Tarsem Singh [2009 (1) AISLJ 371], delay in filing the OA is condoned. MA stands disposed of. OA 1543/2019- 7 Ex Cpl T.K. Doraiswany — lof 15O.A. No. 1543 of 2019 : 1. Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as ‘AFT Act’), the applicant has filed this OA and the reliefs claimed in Para 8 read as under : (a) (b) (c) (a) (e) OA 1543/2019- Ex Cpl T.K. Doraiswany To direct the Respondents to produce all service and medical records of the Applicant relating to his disease and disabilities. To direct the Respondents to grant disability pension to the applicant from the date of discharge i.e. 04.01.1966. To direct the respondents to issue a corrigendum PPO pertaining to the invalid pension. To direct the Respondent for broad banding of the invalid pension of the applicant. To direct the respondents to pay arrears of disability pension and broad branded disability pension along with interest @ 12% from the date of discharge i.e. 04.01.1996. To grant such other relief appropriate to the facts and circumstances of the case as deemed fit and proper. — 2 of 15BRIEF FACTS 2. The applicant was enrolled in the Indian Air Force on 21.12.1955 in SHAPE-I medical category and was discharged from service with effect from 04.01.1966 being in low medical category having been found unfit for Air Force Service. The applicant had rendered 10 years and 15 days’ service. The applicant is stated to have been diagnosed with mental illness and Psychosis but the disability was opined as ‘neither attributable to nor aggravated by military service’ by the medical board and hence, the disability pension was denied to him. However, invalid gratuity was granted to the applicant. 3. The applicant did not challenge the non-grant of disability pension within the stipulated time and when the applicant took up the matter with the authorities in the year 2014/2016, he was informed that the documents pertaining to his case have already been weeded out as per the relevant rules and regulations. The applicant sent an application under the RTI Act, 2005 dated 25.06.2014 to provide government orders qua disability pension, which was replied to the respondents