Anil Kumar Sharma vs Union Of India And Others

Aggrieved by the order of denial for grant of disability pension, the applicant has filed the instant 0.A seeking the following reliefs:

(a) To quash and set aside the impugned order dated 18.04.2018 as Annexure A-1 Impugned Order.

(b) Direct Respondents for treating his disability ""SEVERE DEPRESSIVE EPISODE"" as Attributable to or Aggravated by military service as it was

caused due to stress and strain of. service only as per para 54 (d) of guide to Medical officer2008 and now law has already been settled by Honible

Supreme Court in Dharamvir Singh vs UOI & Ors (Civil appeal No 4949 of 2013) 2013 AIR SCW 4236 and Civil appeal No 2904/2011 titled as UOI

& Others vs Rajbir Singh decided on 13.02.2015 And/or

(c) Direct Respondents to grant Disability Element of pension @ 20% and further rounding off of Disability @ 20% to @ 50% wef 01.08.2014 for life

in terms of GoI, MoD dated 31.01.2001 and law settled by Hon'ble Supreme Court in Civil appeal No 418/2012 titled UOI & Ors Vs Ram Avtar vide

judgment dated 10.12.2014 alongwith 10% interest p.a. and/or

(d) Any other relief which the Hon'ble Tribunal may deem fit and proper in the fact and circumstances of the case.

The facts of the case, in brief, are that the applicant was enrolled in the Indian Army on 21.10.1995 and was discharged from service on 31.07.2014

in low medical category after rendering 18 years and 09 months service. The Release Medical Board (RMB) held at Military Hospital, Babina on

24.04.2014, assessed his disability ""SEVERE DEPRESSIVE EPISODE"" @ 20% for life. However, the RMB opined that the disease of the applicant

was neither attributable to nor aggravated by military service (NANA). The applicant's claim for grant of disability pension was not granted by the

respondents and his first appeal was also rejected vide order dated 18.04.2018. Hence the instant Original Application.

Learned Counsel for the applicant submitted that the applicant was medically fit when he was enrolled in Army service and any disability not

recorded at the time of enrolment should be presumed to have been caused subsequently. The action of the respondents in not granting disability

pension to the applicant is illegal. In this regard, he relied on the decision of the Hon'ble Supreme Court in Dharamvir Singh v. Union of India and

others, (2013) 7 SCC 316 and submitted that for the purpose of determining attributability of the disease to military service, what is material is whether

the disability was detected during the initial recruitment medical tests and if no disability was detected at that time, then it is to be presumed that the

disability arose while in service, therefore, the disability of the applicant is to be considered as aggravated by service and he is entitled to get disability

pension © 20% for life and the same is to be rounded off to 50%.

On the other hand, learned counsel for the respondents has filed the Counter Affidavit and submitted that though the RMB had assessed the

disability of the applicant @ 20%, it opined that the disability is NANA and onset is in peace area. As such his claim for disability pension has rightly

been rejected by the respondents. He submitted that the instant Original Application does not have any merit and the same is to be dismissed.

Having heard the learned counsel for both the parties and perused the records, the only question that needs to be answered is, whether the disability

of the applicant is attributable to or aggravated by military service?

We have noted that the only reason for which the disability has been opined as NANA by the RMB is that ""No significant service related cause or

stress On record 35 per para 54 of Chapter VI, GMO (Mil Pens) 2008'. The disability was first detected on 23.08.2010 whereas the applicant was

enrolled on 21.10.1995 i.e. after about 15 years of service. Medical literature clearly indicates that when someone experiences persistent and intense

feelings of sadness for extended periods of time then this may be Severe Depressive Disorder. Medical literature also is clear that the exact cause of

this disease is not clear. However, several factors including the combination of genes and stress can affect Brain chemistry and reduce the ability to

maintain mood stability. Changes in the balance of hormones may also contribute towards development of this disease. In view of the nature of this

disease. we are therefore of the opinion that the reasons given in RMB i.e. no service related cause and onset in peace for declaring disease as

NANA is very brief and cryptic in nature and does not do justice. Hence, we would like to give the benefit of doubt in favour of the applicant. Thus

we are of the considered opinion that the disability ""SEVERE DEPRESSIVE EPISODE"" is to be considered as aggravated by military service in line

with the law settled on this matter by the Hon'ble Apex Court in the case of Dharamvir Singh (supra), Additionally, the applicant will also be eligible

for the benefit of rounding off to 50%, in terms of the decision of Hon'ble Supreme Court in Union of India and others v. Ram Avtar (Civil Appeal No

418 of 2012 dated 10.12.2014).

Resultantly, the O.A. is allowed. The impugned order is set aside. The applicant's disability ""SEVERE DEPRESSIVE EPISODE"" @ 20% for life,

is to be considered as aggravated by military service and his disability element of pension is to be rounded off from 20% to 50% for life. However, in

view of the decision of the Hon'ble Supreme Court in Union of India vs. Tarsem Singh reported in 2009 (1) ALSO 371, the arrears of disability

element will be restricted up to a period of three years preceding the date of filing of the O.A. The date of filing of this 0.A is 20.08.2018. Ordered

accordingly. To be implemented by the respondents within four months from the date of receipt of a copy of this order. Default will invite interest @

6% per annum.

No order as to costs.

Pending application(s), if any, also stand disposed off.

Pronounced in the open Court on 17th March, 2020.