IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.M. No.13041 of 2011 & CWP No. 16552 of 2011 Date of Decision: 23.9.2011. Ex-Sub. Yudhvir Singh --Petitioner Versus Union of India & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. HON'BLE MS. JUSTICE RITU BAHRI. Present:- Petitioner in person. *** PERMOD KOHLI.J (ORAL) C.M. No. 13041 of 2011 Application is allowed. Main case is pre-poned and taken up on the board today itself for final disposal. CWP No. 16552 of 2011 Petitioner was discharged from army service on 31.11.1994 on medical grounds under Army Rule 13 (AA) Section (iii) Clause I (iii). From the period September, 1980 to 1982 petitioner was downgraded to low medical category CEE (P) on account of pain in heels and low backache and later upgraded to AYE in 1984. In the year 1990 he was re-assessed and down graded to medical category BEE (T) for six months. Medical Board held on 24.5.1990 accepted the invaliding disability of the petitioner as directly attributable to conditions of military service. He was again re- categorized by the Medical Board on 20.12.1990 and his invaliding disability was accepted as attributable to conditions of military service. CWP No. 16552 of 2011 -2- Petitioner was serving in field with 29th Infantry Brigade. He rendered unwilling certificate not to continue in service being in low medical category on 7.7.1994. Petitioner was issued discharge order and he was brought before the Release Medical Board to assess his final invaliding degree for grant of disability pension. Release Medical Board held on 10.10.1994 held the invaliding disability as aggravated by the army service. An Advertisement dated 2.6.2011 was issued in “The Tribune” for inviting applications for admission to reserved defence seats in Medical/Dental Colleges under Ministry of Defence quota. Petitioner intended to avail admission for his daughter for M.B.B.S, who had passed 10+2 examination. Under the advertisement persons whose invaliding disability was aggravated by the army service were not eligible for the benefit of reservation for their children. It is under these circumstances that the petitioner approached the Armed Forces Tribunal challenging his invaliding disability certificate, whereunder he was invalidated out on medical grounds holding that the disease is aggravated by the army service. The Tribunal found that the petition is hit by delay and laches. The Tribunal also held that there is no ground to interfere with the opinion of the Release Medical Board, wherein the invaliding disability has been said to be aggravated by the army service. It is against the above order of the Tribunal that the present petition has been filed. We have carefully gone through the order of the Tribunal. The petitioner after his release has been drawing the pensionary benefits all along without disputing the opinion of the Release Medical Board. It was only with intent to seek undue benefit for his daughter that CWP No. 16552 of 2011 -3- the O.A has been filed before the Tribunal after a lapse of about 16 years. Otherwise also no valid ground has been projected to challenge the opinion of invaliding medical board. The Tribunal rightly dismissed the O.A. We are in complete agreement with the judgement impugned. No merit, petition dismissed. (PERMOD KOHLI) JUDGE (RITU BAHRI) JUDGE 23.9.2011. lucky