Chennai: The regional bench of armed forces tribunal, Chennai, has directed the defence ministry and Indian Army to pay disability pension to a 33-year-old invalidated recruit, who had undergone training for 11 months and 28 days. The Army had sacked him after detecting that he was suffering from a kidney disorder in 2003. Petitioner Tatarao Vankala, 33, of Srikakulam district in Andhra Pradesh, submitted that he was enrolled in the Indian Army as a recruit on April 20, 2002. During training at the Madras Engineer Group Centre, Bengaluru, he fell sick in January 2003 and was referred to the command hospital there.
He submitted that he was diagnosed with autosomal dominant polycystic kidney disease. He was invalidated from service on April 16, 2003 after 11 months and 28 days of service under rule 13 (3) III (iii) having been found medically unfit for further service. And his disability was assessed as 40 per cent for life. His appeals were rejected in March 2008 and August 2010.
A letter dated October 19, 2010 sent by under secretary, ministry of defence, stated that his disorder was considered as ‘neither attributable to nor aggravated by military service’. The petitioner contended that he was recruited after vigorous physical tests and medical examination.He was not suffering from any ailments and there was no history of hereditary disease in his family.
The disorder was caused by strenuous training and, hence, attributable to or aggravated during the military service.In its reply, the Army submitted that while undergoing basic military training, the petitioner was found to be suffering from the disease. The medical board recommended that he be invalidated from service. The contention of the applicant was baseless.
The bench, comprising judicial member Justice V. Periya Karuppiah and administrative member, Lt General K. Surendra Nath, said the disease was aggravated due to military service. Since the petitioner had been invalidated out of service, he was eligible for the provision of broadbanding of the degree of disability from 40 per cent to 50 per cent for life, in accordance with existing provisions on the subject. The bench directed the authorities to pay him the disability pension within three months.
