AFT summons medical records of Lt General of Army Medical Corps who retired with disability

Hearing an application of Lt Gen Rajiv Mohan Gupta (retd), regarding his disability benefits, the bench of Justice Rajendra Menon, Chairperson, AFT, and Lt Gen CP Mohanty (retd) noted that the officer was granted 20 per cent disability by the Release Medical Board (RMB) at the time of retirement from the Indian Army.

During arguments, counsel for Lt General Gupta said the onset of disability of Prolapsed Intervertebral Disc L4-5 (RT) was in May 2016 while he held the rank of Brigadier and was posted at the Army Hospital (R&R), New Delhi, for which he was placed in low medical category P3 (T-12) from December 15, 2016, and later awarded medical category P2 (Permanent) from February 27, 2017.

The bench observed from the records that the applicant was promoted to the rank of Major Gen on July 1, 2018, and Lt Gen on July 8, 2021, for which he ought to have been upgraded to the promotable medical category. “However, it is also observed that almost at the same time the RMB dated June 11, 2021, graded the applicant SHAPE – 2X with a conceded disability of 20 per cent for life. We are unable to comprehend this anomaly as we have encountered several cases in this AFT wherein the respondents have denied promotion to employees on the ground of being low medical category whereas in the instant case, we find a departure from their stated position of medical fitness for promotion to the next higher rank”.

The bench ordered that in the interest of justice, it is essential for it to peruse the medical records of the Lt General from 2016 to 2022. “That apart, while taking note of the submissions made on behalf of the applicant that the disability is aggravated due to service due to the applicant being a pathologist and micro-biologist which involved prolonged working in sitting and bending positions, it is also essential for us to examine his charter of duties in assignments held by the applicant past his promotion to the rank of Lt Gen until when the applicant is presumed to be in ‘Fit Medical Category’,” the bench added in its order dated August 28.

The AFT bench also noted that Lt General Gupta served as Maj Gen in Medical Services of HQ Western Command, Chandimandir, when the RMB was held in Command Hospital, Western Command, in May 2021.

“The respondents are directed to place on record the Command & Control and the ACR channel of Command Hospital (Western Command) for the given period. The respondents are directed to place on record the answers to the above queries and the requisite documents as stated above through an additional affidavit within six weeks,” the bench ordered.