AFT reinstates 2 dismissed on arbitrary medical grounds

The Lucknow regional bench of the armed forces tribunal (AFT) has reinstated two army personnel and imposed a total fine of Rs 1,75,000 on the officers who discharged them ‘indiscriminately’ on the grounds of medical disability without consulting the invalidating medical board of the Indian Army.

The AFT set aside their discharge orders with all consequential benefits. In the first case, the AFT has ruled that “No army personnel can be discharged on the ground of medical disability without the recommendation of the invalidating medical board, as done in the petitioner’s case.”

While the first petitioner’s middle finger was dislocated, the second officer was suffering from an anxiety disorder, due to which both were discharged from their duty.

“Soldiers and JCOs should be respected by the commanders so that they may serve the nation without any mental agony. They can’t be treated unequally by the commanders in the matters of retention of service or sheltered appointment. Their cases must be dealt with fairly, honestly and on justifiable grounds keeping in view the totality of material on record,” the AFT ruled.

A division bench comprising judicial member justice Devi Prasad Singh and administrative member Air Marshal Anil Chopra passed both the judgements while allowing two separate petitions of two army men, challenging their discharge orders, passed by the army administration.

In the first case, aggrieved by the order of discharge on account of low medical category (LMC), the petitioner preferred the petition in the Allahabad high court which was later on transferred to the AFT.

The AFT set aside the discharge orders with all consequential benefits and back wages in accordance with the rules allowing the petitioner to continue service till the age of superannuation of the rank and the post which he was holding at the time of discharge.

It also directed the respondents – the chief of the army staff and two other commanding officers to deposit Rs 1 lakh as with this tribunal within four months out of which the petitioner shall be given Rs 75,000 and remaining amount shall be remitted to the AFT Bar Association, Lucknow.

In the second case, the AFT quashed the discharge order of petitioner, an exsepoy cook and directed that he be notionally re-instated to the last rank held with effect from the date of discharge. It further directed that the petitioner shall be deemed to continue his service till the date of normal retirement and be paid 25% of the back wages and allowances till the date of normal retirement. He will also be paid full pension and allowances from the new date of the retirement (supra) in accordance to the rules, the AFT said.

The AFT has directed the respondents -Union of India and concerned commanding officer to deposit Rs 75,000 within four months in this tribunal, in which petitioner shall be entitled to withdraw Rs 50,000 while the remaining amount shall be remitted to the library fund of AFT Bar Association, Lucknow.