Amit Punia vs Union Of India And Others

Being aggrieved by denial of disability pension, the applicant has filed the present Original Application under Section 14 of the Armed Forces

Tribunal Act, 2007 wherein he has sought the following reliefs :-

(a) Quash and set aside the impugned letter No Air HQ/98798/5/06/201926209/DP/AV-III(Appeals) dated 31.08.2017. And/or

(b) Direct respondents to treat the disability of the applicant as attributable to or aggravated by military service and grant him disability pension with

the benefits of rounding off And/or

(c) Direct respondents to pay the due arrears of disability pension with interest 12%p.a. from the date of discharge with all the consequential benefits.

(d) Any other relief which the Honible Tribunal may deem fit and proper in the fact and circumstances of the case along with cost of the application in

favour of the applicant and against the respondents.

Having been found medically and physically fit, the applicant was enrolled in the Indian Air Force (IAF) on 26.09.2007 and was invalided out of

service on 15.08.2015. Before proceeding on discharge, the applicant was subjected to Invalid medical Board (IMB).The IMB found that the applicant

was suffering from disability namely ""Recurrent Depressive Disorder (F-33)"" and assessed at 40% for life treating it as neither attributable to nor

aggravated by service (NANA).

Learned counsel for the applicant contended that the instant matter is squarely covered by a catena of decisions of the Hon'ble Supreme Court

including Dharamvir Singh Vs. Union of India and Ors (2013) 7 SCC 316. Further, the claim of the applicant is also supported by relevant rules.

Per contra, Ld. Counsel for the respondents contended that the applicant is not entitled to the relief claimed since the IMB, being an expert body,

found the disability as NANA. The respondents have pleaded the O.A. to be dismissed.

We have heard both the Ld. Counsel and perused the medical records.

On perusal of the IMB proceedings we found that the applicant suffered the disability ""Recurrent Depressive Disorder (F - 33)"" after completion of

six years of military service and the disability was first reported on 21.11.2013. The respondents have denied disability pension being the onset of the

disability in peace area as per para 54, Chapter VI of GMO 2008 which puts an embargo for grant of disability pension arising in peace area. This

reasoning of RMB is not convincing and doesn't reflect the complete truth on this matter. Stress and strain of military service cannot be

compartmentalised to field/HAA and Cl areas only. Military personnel at peace stations also have a fair share of military related stress and strain of

service. Therefore. the benefit of doubt in these circumstances goes in favour of the applicant. Thus in view of the law settled by the Hon'ble

Supreme Court in the case of Dharamvir Singh (supra), we are of the opinion that the disability of the applicant 'Recurrent Depressive Disorder (F-

33)' @ 40% for life is to be considered as aggravated by military service

Thus in the light of the preceding paragraphs and essential parameters given aforesaid, we hereby set aside the impugned order rejecting the claim

of the applicant for disability pension and hold that he is entitled to disability pension from the date of his discharge at the rate of 40% for life, which is

to be broad banded to 50% for life in light of the judgment of the Hon'ble Supreme Court in Union of India and Ors. Vs. Ram Avtar decided on 10th

December, 2014.

The respondents are directed to release the arrears within a period of 4 months from the date of receipt of a copy of this order, failing which the

arrears shall carry interest at the rate of 6% per annum,

The 0.A. stands disposed of in the above terms with no order as to costs.

Pending applications, ifany, are disposed of accordingly.

Pronounced in the open court on 11th March, 2020.