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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5922 OF 2012

Veer Pal Singh

…Appellant

versus

Secretary, Ministry of Defence

…Respondent

J U D G M E N T

G. S. Singhvi, J.

1.

This appeal is directed against order dated 19.12.2011 of the Armed

Forces Tribunal, Lucknow Bench (for short, ‘the Tribunal’) dismissing the

application filed by the appellant for grant of leave to file appeal against

orders dated 14.7.2011 and 16.9.2011 passed in Transferred Application

No.1431/2010 and Review Application No.22/2011 respectively.

2.

The appellant was enrolled in the Army (Corps of Signals) on

20.6.1972 in Medical Category “AYE”. Before his enrolment, the appellant

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was subjected to medical examination, the report (Annexure R-II) of which is

reproduced below:

“PRIMARY MEDICAL EXAMINATION REPORT

1.

Service No.

14289930

2.

Name

VEER PAL SINGH

3.

Father’s Name

SUKHBIR SINGH

4.

Date of birth

01.10.53

5.

Appellant Age

MA

6.

Service/Corps/A

ir Force

SIGNALS

7.

Permanent

address

Village – Dhanor

Tikkri Teh. & Dist.

Sardhana, Meerut.

8.

Identification

Marks

1.

A mole over middle

of forehead

2.

A mole 3 cm from Lt

angle of mouth

9.

Relevant family

history

NIL

10.

Past medical

history,

Specially of fits.

NIL

11.

EYES

a.

Distance

Vision

without Glass

R-6/9

Without Glass

L-6/6

Near Vision

Any evidence of

trachoma or its

Complications

NIL

12.

Hearing

a.

R Ear 600 cms

L Ear

b.

Any evidence of otitls

media

NAD

13.

Upper Limbs

and

(a) Upper Limbs

NAD

Locomoter

System

(b) Locomotion

NAD

14.

Physical

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Developments:

Height:

174 cm

Weight:

54 Kgs.

15.

Chest

Measurements

(a)

Full expiration

81 cms

(b)

Range of expiration

5 cms

16.

Urine

(a)

Albumen

--

(b)

Sugar

--

(c)

Other abnormalities

17.

Any evidence of

skin

NIL

Venereal

disease(s)

18.

Cardio-vascular

system

(a) Pulse

76 pm

NAD

19.

Central Nervous system

NAD

20.

Abdomen:

NAD

21.

Liver:

NP

22.

Spleen:

NP

23.

Hernia:

NIL

24.

Teeth:

(a) No dental points

16/16

Healthy

25.

Mental capacity and Emotional

Stability

(a) Speech

NORMAL

i. Mental backwardness

NIL

ii. Emotional Instability

NIL

26.

Slight Defects not sufficient of cause

Rejection

NIL

27.

Found fit in category

A (AYE)

PLACE: MEERUT

Date: 22/5/72

Sd/-

[RK Gupta]

Captain AMC

Recruiting Medical

Officer”

3.

After completion of training, the appellant was posted in 54 Infantry

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Division Signals Regiment and his regular service commenced with effect

from 21.2.1974. After about two years, he was admitted in Military Hospital,

Secunderabad for the treatment of “INTESTINAL-COLIC”. He was

discharged from the hospital on 18.2.1976. Between March, 1976 to

October, 1977 he was treated in different Army Hospitals at Pune,

Secunderabad and Meerut. He was downgraded to Medical Category “CEE”

(Temporary) for a period of six months with effect from 3.1.1977. His case

was considered on 14.11.1977 by the Invaliding Medical Board held at

Military Hospital, Meerut and on its recommendations, he was discharged

from service. His claim for disability pension was rejected by Principal

Controller of Defence Accounts (Pension), Allahabad on the ground that the

disease, i.e., Schizophrenic Reaction, which was the cause of his discharge

was not attributable to the military service.

4.

The appellant challenged his discharge from military service and

rejection of his claim for disability pension in Civil Misc. Writ Petition

No.42946/1997 filed before the Allahabad High Court. He prayed that a fresh

Medical Board be constituted to assess his disease and disability. The same

was disposed of by the Allahabad High Court vide order dated 26.3.1998 and

a direction was given to the competent authority to decide the appellant’s

representation. Thereafter, the Government of India, Ministry of Defence

re