Harendra Singh vs Union Of India And Others

The applicant through the medium of the instant OA has made the following prayers:

(a) Quash and set aside the impugned letter dated 29 Aug 2016.

(b) Direct respondents to grant Disability Pension @ 50% and also Rounding off @ 30% to @ 50% for life to the applicant with effect from 01 July

2006 i.e. the date of discharge from service with interest @ 12% p.a. till final payment is made.

(c) Any other relief which the tionlle Tribunal may deem fit and proper in the fact and circumstances of tile case.

The brief facts of the present OA are that the applicant was enrolled in the Indian Arinyon 10th June, 1983, after passing necessary education and

medical tests, wherein he was declared medically fit. The applicant, after putting in twenty three. years of service, was discharged from service with

effect from 30th pine, 2006. On discharge, the Release Medical Board assessed his disability ""Primary Hypertension (OLD)"" at the rate of thirty per

cent for life, but neither attributable to nor aggravated by military service. This led to the filing of the present OA.

The submission of learned counsel for the applicant is that since the applicant was found mentally and physically fit at the time of enrolment, which

fact is also admitted by the respondents, and did not suffer from any disease, he is entitled to disability pension. In support of his contention, learned

counsel has placed reliance on the decision of the I Ion'ble Supreme Cottrt in Dharamvir Singh Vs. Union of India and Om [(201 3 7 SCC 3161.

Per contra, learned counsel for the respondents contended that the claim of the applicant for grant of disability pension was adjudicated by the

competent authority. However, after examining the details available. in service record and also the factual position the same was rejected on the

grounds that the.. .lila ! onse of the disability of the applicant, as recorded in Release Medical Board proceedings, is neither attributable to nor

aggravated by military service.

We have heard learned counsel on both sides and have also gone though the documents available on record.

The disability, i.e., Primary Hypertension, at the rate of thirty per cent for Life has been denied attributability solely on the ground that the origin of

the disease is in peace station and not in fieId/HAA or Cl area. Peace stations do have their own pressures of military functioning and therefore denial

of attributa.bility only on the ground that it originated in peace, is not just and fair. Thus we are of the considered opinion that the disability ""Primary

Hypertension"" at the rate of thirty per cent is to be considered as aggravated by military service.

So far as the rounding off is concerned, in the light of the decision of ihe Houlle Supreme Court in the. case of Union of India and Ors. Vslatrn

Artar and On. (Civil Appeal No.418 of 201 2 decided on 10fli December, 2014), we are of the considered opinion [hat the applicant is entitled to the

benefit of rounding off from thirty per cent to fifty per cent for life with effect from the date of his discharge from service, i.e., 30th June, 2006,

restricting the arrears to a period of three years preceding the date of filing of thc OA as per the [my settled by Flonlie Apex Court in the case of SKr

Bass 1r&Union of India and Ors. 1(2007) 9 SCC 2741. The OA was filed on 291h March, 2017. The respondents are directed to comply with this

order within four months from the date of receipt of a copy of this order. In default it will can-y interest at the rate of eight per cent per annum till the

actual payment is made.

In view of the above, the instant OA deserves to be allowed, hence allowed. No order as to costs.