'1 . The Union of lndia v. Co.Chittem George Wilson

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in ihe affidavit filed therewith, the High Court may be pleased to issue a Writ, Ordei or Direction more particularly one in the nature of Writ of Certiorari, calling for records pertaining to the orders passed by the Armed Force Tribunal Chennai, Circuit bench at Hyderabad, in O.A.No.14912020, dated

06.11 .2023 and consequentially quash the same. |.A.NO:1 OF 2024 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the operation of the order passed by the Armed Fcrce Tribunal chennai, Circuit bench at Hyderabad, in O.A.No..t 49t2020, dated 06.11.2023, pending disposal of the main writ petition. |.A.NO:1 OF 2025 Between Co.Chittem Section-A, AWHO Colony, Gautam Enclave, Secundera6ad - SOO OOg. -Greorge-Wilson, S/o.Late Chittem Samuel, Age.74 rrears, R:/o.H. No. 1 1 7, .....PET]TIONER/RESPONDENT AND

1. The Union of lndia, Rep.by its Secretary, Ministry of Defr:nce, New Delhi - 1.,l0 011 DHQ, New Delhi - 1 10 0.t 1 . Staff, lntegrated HEad Ouarters, lvlodD (Army), post _

2. The^Chief 9f 3. The Director General Medical service (Army), MPRS ((r), Adlutant Genera|s + ILre. Principal Controller of Defence Accounts, (pensions), Draupadi Ghat, Branch, 1 HQ of MoD (Army), L.Block, trtew D'ethi - 110'Oi1 ^lry Allahabad, Uttar Pradesh - 211 014. .....RESPONDl:NTS/PETtTtONERS Petition Under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the interim suspensioh order dt.07.11.2024 passed n w.p.No.31015 of 2024 and dismiss the same. Counsel for the Petitioners : SRI ARVIND KUMAR KATA Counsel for the Respondents : SRI A.BHASKAR REDDy The Court made the following ORDER 7 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA Writ Petition No.31O15 of 2o.24 OR-DER: Eer ire Hon'ble Sn JustLce Abhutot.td Kunlar Shauih) Aggrieved by the order dated 06.71.2023 passed in O.A.No.749 ol 2O2O by the Armed Force Tribunal, Regional Bench, Chennai, Circuit Bench at Hyderabad, (for short, the Tribunal'), the present Writ Petition is hled.

2. Heard Sri Arvind Kumar Kata, learned Standing Counsel appearing for the petitioners and Sri A. Bhaskar Reddy, learned counsel appearing for the respondent.

3. Learned Standing Counsei appearing for the petitioners had contended that the respondent was commissioned in Army Medical Corps on 11.06.797 I and opted lor premature/voluntary retirement from service on

26.10.200l, after rendering 30 years, 4 months and 16 days of qualifying service. Learned Standing Counsel had further contended that upon assessment by the Medical Board, the respondent was diagnosed with myocardial infarction and angiogram showed 95olo stenosis of proximal I I ( 2 \K.'J,.' & ETD,.J $p 31015 2024 \-r - ''t RCA and 307o non-critical stenosis. Learned Standing Counsel had lurther contended that the respondent has approached the Tribunal by hling O.A.No. 149 of 2O2O, claiming Disability Pension. Though the Re lease Medical Board opined that the myocardiai inlerrction was aggravated due to military service and a so held that myocardial infarction was neither attributable nor aggravated by military service. On that ground, the petitioners have rejected the case of the rt:slrondent for grant of disability pension. But the Tribunat trad ailowed the O.A. only by relying on the Medical Board's opinion that the disability was aggravated due to militarv service, without appreciating any of the contentions raised by the petrtloners.

4. Learned Standing Counsel for the petitioners had further contended that none ol the conterLtions of the petitioners were appreciated by the Tribunal and it had mechanically allowed the O.A. in favour of th-- respondent despite the Medical Board has clearly held the t the disease suffered by the respondent was not attribu ta b1e to the -7/ 3 AI(S,J & ETD,J r(p 3lol5 2024 military service. Therelore, appropriate orders be passed in the Writ Petition by setting aside the order, dated

06.I1.2023 passed by the Tribunal in O.A.No. 149 of 2O2O and allow the Writ Petition

5. On the other hand, learned counsel for the respondent had contended that the Medical Board has opined that the disease suffered by the respondent was aggravated due to the military service. When once the Medical Board has opined that the disease suffered by the respondent has been aggravated due to military service, the Tribunal was justihed in allowing the O.A. in favour of I I the respondent. Therefore, there are no merits in the Writ Petition and the same is liable to be dismissed.

6. This Court, having considered the rival submissions made by both the parties, is of the view that the Tribunal was justified 1n allowing the O.A. in favour of the respondent, as ultimately, the Medical Board opined that the respondent's disease was aggravated due to military service. When once such opinion is given by the Medical Board, the Tribunal was justified 1n allowing the O.A. 4 \KS,..i & ETD,.,, Np 3lo15 202{ Therefore, this Court is not inclined to inte rft:rc with the "i orders passed by the Tribunal.

7. With the above observations, the Wr.it pr:tition is dismissed. There shall be no order as to cos:s

8. As a sequel, miscellaneous applicatior-rs pending if any, shall stand closed. //TRUE COPYII SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR 'iEd, SECflON OFFICER \

1. One CC to SRI ARVIND KUMAR KATA, Advocate [OPUC] 2. One CC to SRI A.BHASKAR REDDY, Advocate [OPUC] 3. Two CD Copies To SA PVL v - --a-=--- ':- 't fl F- .-, , 'ru-\ ?) t) I12 sEPM \ -f Q3: I _.' I HIGH COURT DATE D:2910712025 ORDER WP.No.31015 of 2024 DISMISSING THE W.P WITHOUT COSTS. )x'