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I refused to go on TD due to which i was given black intary


18-Aug-2023 (In Armed Forces Tribunal Law)
I am lmc A2 permanent (left hand index finger broken) I am posted at high altitude area 9000ft, No excuse on high altitude is given to me by Doctor . I was given black intary when I refused to go on TD I refused on the base of my lmc I want legal advice Next time they are sending me on 15000ft for duty
Answers (4)

Answer #1
575 votes
Hi,
As per detailed provided, you can not refuse to proceed on TD to HA Place if it is not excused to you due to LMC. If you are able to establish the physical or mentally problem going to High Altitude due to LMC , you have the case otherwise in my opinion you should not refuse. All the best
Answer #2
739 votes
Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Answer #3
559 votes
The LMC is for a broken index finger. It is apparently not a sufficient reason for not doing a high altitude posting. The exemptions are regulated as per Manual of Medical Services. If your disability is not covered under exempt category you will have to follow the rules.
However, if you feel you may file an appeal for exemption, if denied, AFT can be approached.
Connect with all details.
Answer #4
924 votes
In defence service you cannot refuse straightway to proceed on TD except you have strong medical grounds with respect to performance for that duty which your medical conditions does not permit, but refusing to go on TD based on reason left hand index finger broken is not advisable. You may not take such chance

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