Chandigarh: Seven years after an invalid warrior of service because of the low medical category, the Armed Forces (AFT) court has ordered military authority to return it because it has been declared medically fit now.
It has directed military authority to restore it in the same rank where he was invalid from the service in 2014.
AFT has explained that if a soldier released for medical reasons for a certain period of truly cured, he can be restored.
In service.
However, the court clarified that the soldier would not be entitled to the back wage for the period he remained separated from the service.
Lucknow AFT bench, consisting of Umesh Chandra Srivastava justice, a member of Judicial and Deputy Admiral Abhay Raghunath Karve, administrative member, has passed this order while allowing the application submitted by the armored corps, Anuj Prawan Singh.
The army has rejected the Petitioner of the Petitioner of the Soldier in May 2019Aptlicant registered in the Indian Army on September 28, 2012, and was disclosed from the service on July 21, 2014, in terms of clauses 13 (3), ITEM IV Army rules, 1954 in the low medical category that has been given One year, nine months and 18 service days.
The applicant was initially placed in a low medical category.
The medical authority compiles that “Given the symptoms of symptoms of tuberculosis in the form of changes in residual structures and functional deficits in spirometry,” individuals will not make suitable soldiers.
Invaliding Medical Council (IMB) held at a military hospital, Pune on June 24, 2014, assessed his disability “New Sheam and Pulmmmulmulmulmulmulmulmulmulmulmulmit Positive (now SHEAT NEGATIVE)” at 100% for two to June 2016 and betraying disability as caused.
for military service.
He was given a service element at 4.275 per month and the number of disability Rs 3,510 per month for two years.
His disability was rated 100% for two more years until May 12, 2018.
The further re-assessment of the Petitioner’s medical board was held at a military hospital on April 13, 2018, and his disability was considered to be “nil lifetime” and a medical specialist argued that “no re-assessment Medical board “6.
Thus, the number of disability was stopped from May 13, 2018.
After that, the applicant filed an appeal to the Army Chair for recovery to service.
However, the Army authorities on May 14, 2019, rejected his request, stated “There is no provision for recovery to the army who has been removed from the service”.
The applicant approached AFT which argued that at the time of registration, he was found mentally and physically suitable for services in the Army and there were no records in service documents that he suffered any disease at registration at the time of registration.
He claimed the recovery of quoting regulations 143 of defense service regulations, 1987.
This rule provides, “ExServicemen, medically up without retirement disability or those whose pension disability has been stopped because their disability is exposed below 20% by survey board, will be eligible For re-registration, both in the capacity of fighters or non-combatants (registered) in the Army, as long as it is pushed rematury and declared suitable with medical authority.
“After hearing all parties, AFT had been held.
that the application for military authority that there is no recovery provision that cannot be maintained.