The Armed Forces Tribunal (AFT) Chandigarh issued an order regarding the case of an applicant who was invalided from service due to Pulmonary Tuberculosis. The key points from the order are:
- Invalidation & Initial Pension Grant:
- The applicant was invalided from service on June 4, 2022, after serving 1 year, 10 months, and 13 days.
- He was diagnosed with Sputum Smear Positive Pulmonary Tuberculosis, which later turned negative.
- He was granted invalid pension for one year due to 100% disability at the time.
- Re-Assessment & Re-Enrolment Application:
- A Re-Assessment Medical Board (July 14, 2023) determined his disability to be NIL.
- The applicant then submitted a request for re-enrolment (March 19, 2024), which was rejected on May 6, 2024, without considering Para 143 (b) of the Defence Service Regulations.
- Tribunal’s Decision:
- The Tribunal observed that the rejection was not in accordance with Para 143 (b) of the regulations.
- The Union of India did not oppose a direction for reconsideration.
- The Tribunal ordered the Record Office to re-evaluate the case as per Para 143 (b) and issue a speaking order within 8 weeks.
This decision reinforces the rights of medically invalidated personnel seeking re-enrolment, ensuring procedural fairness in such cases.