ADVERTISEMENT
Chandigarh: The Armed Forces Tribunal (AFT) has upheld the choice of Military authorities that obesity triggered as a result of extreme consumption of saturated fat and sedentary life-style is just not attributable to or aggravated by army service.
The division bench, comprising Justice Umesh Chandra Srivastava, judicial member and Vice Admiral Abhay Raghunath Karve, administrative member of AFT’s Lucknow bench, has handed these orders whereas dismissing the petition by a retired colonel for elevated incapacity pension on the grounds of disabilities “Impaired Glucose Tolerance” and ‟Dyslipidemia”. The officer was commissioned into the Military in December 1982 and superannuated in March 2016 in low medical class P2 (everlasting).
In its order the tribunal has held, “We additionally take word that applicant was overweight since March 2003 and the opposite three disabilities are a results of first incapacity i.e. ‘weight problems’, which has no relation to army service. In medical literature, it’s a danger issue for metabolic issues and results in severe well being hazards for people. Weight problems is a life-style incapacity and it may be cured by common train and limiting dietary habits. The discharge medical board (RMB) has opined that IGT, Dyslipidemia and weight problems are neither attributable to nor aggravated by army service. We, subsequently, go by the RMB and maintain that these disabilities don’t have any reference to army service.”
The retired colonel had acknowledged in his plea was that he was commissioned within the Military in medically and bodily match situation. His counsel pleaded that applicant be held entitled to incapacity ingredient for different disabilities too by way of para 423 (c) of Pension Laws for the Military, based on which incapacity arising throughout service ought to both be attributable to or aggravated by army service. It was additional contended that because the disabilities in query have arisen throughout army service, subsequently all disabilities must be aggravated by army service as they occurred on the fag-end of applicant’s service.
The army authorities, nonetheless, contended that “dyslipidemia” and “impaired glucose tolerance” are metabolic issues that are triggered as a result of extreme consumption of saturated fat and sedentary life-style, and don’t have any relation with army service.
The division bench, comprising Justice Umesh Chandra Srivastava, judicial member and Vice Admiral Abhay Raghunath Karve, administrative member of AFT’s Lucknow bench, has handed these orders whereas dismissing the petition by a retired colonel for elevated incapacity pension on the grounds of disabilities “Impaired Glucose Tolerance” and ‟Dyslipidemia”. The officer was commissioned into the Military in December 1982 and superannuated in March 2016 in low medical class P2 (everlasting).
In its order the tribunal has held, “We additionally take word that applicant was overweight since March 2003 and the opposite three disabilities are a results of first incapacity i.e. ‘weight problems’, which has no relation to army service. In medical literature, it’s a danger issue for metabolic issues and results in severe well being hazards for people. Weight problems is a life-style incapacity and it may be cured by common train and limiting dietary habits. The discharge medical board (RMB) has opined that IGT, Dyslipidemia and weight problems are neither attributable to nor aggravated by army service. We, subsequently, go by the RMB and maintain that these disabilities don’t have any reference to army service.”
The retired colonel had acknowledged in his plea was that he was commissioned within the Military in medically and bodily match situation. His counsel pleaded that applicant be held entitled to incapacity ingredient for different disabilities too by way of para 423 (c) of Pension Laws for the Military, based on which incapacity arising throughout service ought to both be attributable to or aggravated by army service. It was additional contended that because the disabilities in query have arisen throughout army service, subsequently all disabilities must be aggravated by army service as they occurred on the fag-end of applicant’s service.
The army authorities, nonetheless, contended that “dyslipidemia” and “impaired glucose tolerance” are metabolic issues that are triggered as a result of extreme consumption of saturated fat and sedentary life-style, and don’t have any relation with army service.
