Daya Ram vs Union Of India And Others

The applicant, Ex. HFO Daya Ram, through the medium of the instant Original Application is seeking the following reliefs:

(a) Quash and set aside the impugned letters dated 31 Jul 2014.

(b) Direct Respondents to grant Disability Pension ©300/o and also Rounding off from @30% to @50% for life to the applicant with effect 01 Jun

2016 i.e. the date of discharge from service with interest @12% p.a. till final payment [s made.

(c) Any other relief which the Honble 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 Air Force on 22.05.1979 and was discharged from service on

31.05.2016 in low medical category A4G2(P) after attaining the age of superannuation. The Release Medical Board (RMB) held at SMC 3 BRD, AF

on 03.07.2015 assessed his disability 'PRIMARY HYPERTENSION (OLD)' @30% 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 rejected by

the respondents vide order dated 31.07.2017. Hence the instant Original Application.

Learned Counsel for the applicant submitted that the applicant was medically fit when he was enrolled in Air Force 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 denying disability pension

to the applicant is illegal. In this regard, he relied on the decision of the Flonible Supreme Court in Ditaramvir Singh v, Union of India and others,

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

disability was detected during the initial pre-commissioning 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 @ 30% for life and the same is to be broad banded to 500/.

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

disability of the applicant       30%, it opined that the disability is NANA. As such his claim for disability pension has rightly been rejected

by the respondents, He submitted that the instant Original Application does not have arty 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 oniy reason for which the disability has been opined as NANA by the RMB is that the disease has started in a peace

station and has no close association with Fc1/1-1AA/C0 Ops. The disability was first detected in October 2009 after about more than 30 years of

service. We are therefore of the view that the reasons given in RMB for declaring disease as NANA is not reasonable and does not adequately

explain the denial of attributability. We are of the opinion that it is not correct to say that there is no stress and strain of military service in peace

locations/military stations. Hence, we are inclined to give benefit of doubt in this case to the applicant. Thus we are of the considered opinion that the

disability 'PRIMARY HYPERTENSION (OLD)' is to be considered as aggravated by military service in line with the law settled on this matter by

the Hontile Apex Court in the case of Dharamvir Singh (Supra). Additionally the applicant will also be eligthle for the benefit of rounding off to 50%,

in terms of the decision of Hong)le Supreme Court in Union of India and others v. Ram A star(Civil Appeal No 418 of 2012 dated 10.12.2014).

Resultantly, the 0.A. is allowed. The impLigned orders are set aside The applicant's disabdity 'PRIMARY HYPERTENSION (OLD)' ©30% for

life, is to be considered as aggravated by military service and his disability element of pension is to be rounded off from 30% to 50% for life. The

applicant is entitled to disability element of disability pension @30% for iife, which shall be broad banded to 50% for life from the date of his discharge

from service i.e. 31.05.2016. 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 @8% per annum.

No order as to costs.