2025:MHC:523 W.P.No.15080 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.02.2025 CORAM : THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.P.No.15080 of 2024 15464897-W Ex-LD G.N.Subbaiah .. Petitioner v. 1. Union of India rep by its Secretary Government of India Ministry of Defence, South Block New Delhi 110 011 2. The Chief of Army Staff Army Head Quarters Defence Head Quarters IHQ of MoD (Army), South Block New Delhi 110 011 3. The Principal Controller Defence Accounts (Pensions) Draupadi Ghat, Allahabad Uttar Pradesh PIN - 211 014 4. The Officer-in-Charge, Records Armed Corps Records, Armoured Corps Ahamed Nagar, PIN 414 001 .. Respondents ____________ https://www.mhc.tn.gov.in/judis W.P.No.15080 of 2024 Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the passing of the order dated 07.12.2021 in O.A.No.117 of 2016 on the file of the Armed Forces Tribunal, Regional Bench, Chennai and quash the same, consequently direct the respondents to grant the disability element of pension by broad banding 40% to 50% with all attendant benefits from 13.12.2009, the date of invalidation to till date. For Petitioner :: Mr.M.Selvaraj For Respondents :: Mr.C.Kulanthaivel Senior Panel Counsel ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) Under assail is the order dated 7th December, 2021 passed in O.A.No.117 of 2016 on the file of the Armed Forces Tribunal, Regional Bench, Chennai. 2. The writ petitioner enrolled in the Indian Army on 27.06.1994 and was invalided out on medical grounds on 13.12.2009 due to “unspecified psychosis”. The writ petitioner preferred second appeal and the same was rejected vide order dated 06.03.2013 on the ground that the invaliding disease is neither attributable to nor aggravated by military service. ____________ https://www.mhc.tn.gov.in/judis W.P.No.15080 of 2024 Consequently, the petitioner was granted service pension w.e.f. 13.12.2009 vide PPO No.S/031298/2010 dated 28.07.2010. 3. The petitioner filed the original application before the Armed Forces Tribunal challenging the order of rejection in proceeding dated 06.03.2013 and seeking for a direction to the respondents to grant disability element of disability pension with broadbanding benefits. 4. The facts regarding the service particulars of the writ petitioner are not disputed by the respondents. 5. The learned counsel for petitioner would submit that as per the Guide to Medical Officers (Military Pension) 2002, the case of the petitioner ought to have been considered by the authorities for grant of disability element of pension. He would submit that the petitioner was posted to Lalgarh Jattan, which is a field area for war operations, where he suffered bronchi fctasis (LLL) in the year 1998 and downgraded to low medical category of CEEE(T) from 07.09.1998 to 07.09.2000. The learned ____________ https://www.mhc.tn.gov.in/judis W.P.No.15080 of 2024 counsel for petitioner would submit that the said disease got aggravated to unspecified psychosis from 15.05.2008 to 28.09.2009 and the petitioner was downgraded to S5 or EEE (permanent) and was invalided out from service on medical grounds. All these mitigating factors have not been taken into consideration by the authorities for grant of disability element of pension. That being so, the Tribunal ought to have considered the said factors for granting the relief. 6. The respondents opposed the contention by stating that the original application is not maintainable, since it was filed beyond the period of three years from the date of expiry of the period of limitation as contemplated under Section 22 of the Armed Forces Tribunal Act, 2007. The first appeal was rejected vide order dated 18.11.2010 and the second appeal was rejected on 06.03.2013. However, the original application was filed in August, 2016 after a lapse of three years from the date of passing of the order in the second appeal. 7. Admittedly, the petitioner was invalided out from service on ____________ https://www.mhc.tn.gov.in/judis W.P.No.15080 of 2024 13.12.2009 in low medical category S5H1A1PAE1 (permanent) due to 'unspecified psychosis'. The Invaliding Medical Board regarded the ID as neither attributable to nor aggravated by military service. The Tribunal considered the grounds raised between the parties. The findings of the Tribunal are that the petitioner’s invaliding disease, 'unspecified psychosis' clearly falls outside the purview of attributability/aggravation to military service thus making him ineligible for disability pension. 8. Regarding the report of the medical board, it is an expert report, which need not be interfered with by the High Court unless an error apparent is identified. The Court cannot substitute its opinion regarding the findings in the medical report. Even in cases an error apparent is noticed by the Court, the matter is only to be remanded for re-examination and the Court is not expected to substitute its opinion, more specifically with reference to the guidelines for assessment issued for medical officers, who will be examining the personnel. In the present case, the petitioner has not challenged the medical report during the relevant point of time. The original application itself was filed beyond the period of limitation and directly hit ____________ https://www.mhc.tn.gov.in/judis W.P.No.15080 of 2024 by Section 22(1) of the Armed Forces Tribunal Act, 2007. The delay cannot be condoned in a routine manner. In view of the facts and circumstances, we do not find any infirmity in respect of the findings of the Tribunal made in the impugned order. Consequently, the writ petition stands dismissed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes 21.02.2025 ss To 1. The Secretary to Government of India Ministry of Defence, South Block New Delhi 110 011 2. The Chief of Army Staff Army Head Quarters Defence Head Quarters IHQ of MoD (Army), South Block New Delhi 110 011 3. The Principal Controller Defence Accounts (Pensions) Draupadi Ghat, Allahabad Uttar Pradesh PIN - 211 014 ____________ https://www.mhc.tn.gov.in/judis W.P.No.15080 of 2024 4. The Officer-in-Charge, Records Armed Corps Records, Armoured Corps Ahamed Nagar, PIN 414 001 ____________ https://www.mhc.tn.gov.in/judis W.P.No.15080 of 2024 S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J. ss W.P.No.15080 of 2024 21.02.2025 ____________ https://www.mhc.tn.gov.in/judis