Arjun Singh vs Union Of India And Others

,,

By way of this OA, applicant has impugned the Addl Dte Gen of Pers Services (PS-4) letter Na. B/40502/911/14/AG/PS-4 (Imp-II) dated 18 May",,

2015 whereby the first appeal preferred by the applicant for grant of disability pension was rejected alleging the same to be arbitrary and contrary to,,

the extant rules and policy on the grant of disability pension.,,

The facts germane to the filing of the present OA, as averred by the applicant, are that the applicant was enrolled in the Indian Army (Infantry) on",,

02 June 1991 as a Sepoy and was promoted to the rank of Naib Subedar on 01.02.2012. In August 2012, he was participating in joint lndo-Mongolian",,

Training Exercise at Infantry School, Belgaum. On 12.08.2012, he was detailed to display a demonstration of LIDO jump by jumping into a pool of",,

water from a great height. During the demonstration, he suffered injuries resulting in hearing loss. Since the exercise was going on, therefore, he did",,

not report sick and continued to take part in the exercise.,,

He proceeded on annual leave w.e.f. 26.12.2012 and reported sick at Base Hospital Delhi Cantt on 5/6.1 2013 due to ear pain. The ENT Specialist,,

advised admission for surgery on 11.01.2013 and he was downgraded to SIH3(T-24)A1P1E1. He was operated upon on 28.03,2013 at Base Hospital,",,

Delhi Cantt. A categorisation Board was held on 21 05 2013 which placed him S1H2(T-24) A1P1E1 Otesclerosis Bilateral Lt (Optd) w.e.f.,,

21.05.2013. A court of inquiry was ordered on 24 02 2013. The court of inquiry opined that the injury of the applicant was attributable to military,,

service The categorisation of board of the Applicant was again conducted at Base Hospital, Delhi Cantt w.e.f 08.07.2013 to 18.07.2013. in which his",,

medical category was declared as H3(P) w.e.f .16.07.2013. The applicant, having been permanently downgraded to H3(P) category. applied for",,

retention in service but his Commanding Officer did not recommend his case as no sheltered appointment was available with the unit. The RMB of the,,

applicant was conducted at MH Alwar where his disability was shown as 20% but disability was held as neither attributable nor aggravated by,,

service. The first appeal preferred by the applicant was rejected. It is contended that the applicant, who was released from service on 31.05.2014",,

from the Indian Army, as Naib Subedar. is entitled to serve upto 26 years of service which is further extendable by two years meaning thereby the",,

applicant never served up to 01.06.2019. hence he falls within the definition of having been invalidated out. Since the applicant was not granted relief,,

,therefore, he was constrained to approach this Tribunal by filing the present OA.",,

4 The factum of the applicant sustaining injury while participating in Eighth lndo-Mongolian Joint Training, Ex Nomadic Elephant-2012 at Belgaum on",,

12 August 2012 and being downgraded to low medical category H3 (Permanent) for OTOSCLEROSIS BILATERAL LT (OPTD) subsequently and,,

his discharge from service on 31 May 2014 has not been denied by the respondents n the counter affidavit. The only plea taken is that the applicant,,

was brought before the RMB wherein his disability was considered as neither attributable to nor aggravated by military service and assessed at 15 to,,

19% and therefore, he was denied disability pension as not meeting the primary condition prescribed in Rule 173 of the Pension Regulations (Part-1)",,

1961.,,

We have heard learned counsel for the pates and have perused the record.,,

Counsel for the applicant has referred to the court of inquiry report which opined the injury to be attributable to military service. The opinion of the,,

court of inquiry was accepted by the Commanding Officer, the attributability certificate was also given. Despite that. without any reason, the RMB",,

denied disability pension holding that the injury was neither attributable to nor aggravated by military service. Reliance has been placed on Government,,

of India letter dated 07.02.2001 for submitting that in injury cases. decisions regarding attributability has to be taken by the authority next higher to the,,

Commanding Officer which in no case shall not be lower than a Brigade /Sub Area Commander or equivalent. Reliance is also placed on an order,,

dated 16.01.2015 passed in OA 258/2014-Ex. Nk Krapal Singh versus Union of India and others.,,

On the other hand, counsel for the respondents alleged that the RMB opined the injury to be neither attributable to nor aggravated by military",,

service. Hence the applicant is not entitled for disability pension.,,

It is undisputed case of the parties that the injuries were suffered by the applicant while he was participating in joint IndoMongolian Training,,

Exercise in August 2012. A court of inquiry was held and the findings of the Court of Inquiry (Annexure A3) are as under:-,,

FINDINGS OF THE COURT',,

JC-490787M Nb Sub Arjun Singh of `SP'Coy 8 JAT was detailed for Eighth lndo-Mongolia Joint Training, Ex. Nomadic Elephant-2012",,

at Int- School Belgaum.,,

While performing LIDO jump in LIDO training area Int' School Belgaum, he had sustained injury ""CONDUCTIVE HEARING LOSS B/L""",,

on 12 August 2012 at 1000hrs.,,

The individual was placed under medical category S1H3(T-24)A1P1E1.""",,

Presiding Officer Sd/- (IC-72276M Capt DP Singh),,

Members 1. Sd/- (JC-489774H Sub Arjun Ram),,

 2. Sd/- (JC-490267F Sub Bharat Singh),,

The court of inquiry gave the following opinion:-,,

OPINION OF THE COURT,,

The court is of the opinion that JC-490787M Nb Sub Arjun Singh of 'SP. Coy was detailed for Eighth Indo-Mongolia Joint Training. Ex Nomadic,,

Elephant-2012 at Inf School Belgaum At around 1000 hrs on 12 August 2012 while performing LIDO jump in LIDO training area Int School Belgaum,,

he sustained injury CONDUCTIVE HEARING LOSS B/L"".",,

It is recommended that nobody should be blamed for this incident. The injury so caused is attributable to mil service.,,

Presiding Officer Sd/- (IC-72276M Capt DP Singh),,

Members Sd/- (JC-489774H Sub Arjun Ram),,

Sd/- (JC-490267F Sub Bharat Singh),,

1,The injury sustained by,"JC-490787M NB SUB ARJUN SINGH : RECORDS, THE JAT REGIMENT 8

JAT

2,Arms/Service/Records Office,12 Aug 2012

3,Present Unit,SERVICE INJURY

4,Injury(Date),"1, JC-490787M Nb Sub Arjun Singh sustained injury 'CONDUCTI

HEARINGL OSS B/L' while par(cid:58)cipa(cid:58)ng in Eighth Indo Mongoli

Joint Training Ex Nomadic Elephant-2012 at Belgaum on 12 Au

2012 at 1000 hrs.

5,Nature of injury,"2 The injury sustained by the indl is a(cid:61)ributable to mil service in

accordance with En(cid:58)tlement Rules to Cas Pensionery Awards to

Armed Forces Pers, 1982.

6,Due to(Cause of injury),"3. This declara(cid:58)on is however, subject to approval of competent

auth as men(cid:58)oned in Govt. of India, Minisgtry of Defence le(cid:61)er

No. 1(2)2002/D/(Pen-C) dated 01 Sep 2005 as amended.