Mohan Singh vs Union Of India And Others

The applicant, Lt. Col. Mohar Singh (Retd.), through the medium of the instant Original Application is seeking the following reliefs:

(a) Quash and set aside the impugned letter B/38046/228/2016/AG/PS-4 (2'd Appeal) dated 05.07.2017 and/or

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

pension ©50% by granting benefits of broad banding. And/or

(c) Direct respondents to pay the due arrears of disability element of pension with interest ©12% p.a. from the date of his retirement. And/or

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

2 Briefly stated facts of the case are that the applicant was enrolled in the Indian Army on 26.07.1978 and thereafter got commissioned on 24.04.1999

and was discharged on 31.07.2015 in Low Medical Category on fulfilling the conditions of his enrolment. At the time of retirement from service, the

Release Medical Board (RMB) held at Military Hospital, Ahhmednagar on 22.01.2015 assessed his disability 'CORONARY ARTERY DISEASE

â€" ACUTE STEIWMI (OLD) (N) LV FUNCTION (NOT Tx) LEFT DOMINANT DVD ICD (125.2)' @30% for life and opined the disability to

be neither attributable to nor aggravated (NANA) by service as the onset of illness 26 March 2011 in peace, the officer not served after and

immediately before the onset in field. The applicant approached the respondents for grant of disability pension and its rounding off but the same has

been rejected vide letter dated 05.07.12017. It is in this perspective that the applicant has preferred the present Original Application,

Learned Counsel for the applicant pleaded that at the time of enrolment, the applicant was found mentally and physically fit for service in the Army

and there is no note in the service documents that he was suffering from any disease at the time of enrolment in Army. The disease of the applicant

was contacted during the service, hence it is attributable to and aggravated by Military Service. He pleaded that various Benches of Armed Forces

Tribunal have granted disability pension in similar cases, as such the applicant be granted disability element as well as arrears thereof, as such the

applicant is entitled to disability element and its rounding off to 50%.

On the other hand, Ld. Counsel for the respondents contended that disability of the applicant @30% for life has been regarded as NANA by the

RMB, hence applicant is not entitled to disability element. He pleaded for dismissal of the Original Application.

We have heard Ld. Counsel for the applicant as also Ld. Counsel for the respondents. We have also gone through the Release Medical Board

proceedings as well as the records. The only question which needs to be answered is straight and simple i.e. whether the disability of the applicant is

attributable to or aggravated by Military Service?

The law on attributability of a disability has already been settled by the Honible Supreme Court in the case of Dharamvir Singh Versus Union of

India & Others, reported in (2013) 7 Supreme Court Cases 316. In this case the Apex Court took note of the provisions of the Pensions Regulations,

Entitlement Rules and the General Rules of Guidance to Medical Officers to sum up the legal position emerging from the same.

In view of the settled position of law on attributability, we find that the RMB has denied attributability to the applicant only by endorsing that the

disability 'CORONARY ARTERY DISEASE â€" ACUTE STEIWMI (OLD) (N) LV FUNCTION (NOT Tx) LEFT DOMINANT DVD ICD

(125.2)' is neither attributable to nor aggravated (NANA) by service as the origin of disease is in peace area and not connected with service. The

applicant was enrolled in Indian Army on 26.07.1978 and the disability has originated for the first time after more than 32 years of Army service i.e.

26.03.2011. We are therefore of the considered opinion that the reasons given in RMB for declaring disease as NANA is very brief and cryptic in

nature and does not adequately explain the denial of attributability. Additionally we are of the opinion that it is not correct to say that there is no stress

and strain of military service in peace areas. Therefore, benefit of doubt in these circumstances should be extended in favour of the applicant in view

of the law settled on this matter by Dharamvir Singh vs Union of India & Ors (supra). Hence, we consider the disability of the applicant as aggravated

by military service, as such the applicant is entitled for the disability element from the date of his discharge.

In view of Hon'ble Supreme Court judgment in the case of Union of India and Ors Vs Ram Avtar & ors (Civil appeal No 418 of 2012 decided on

10th December 2014) the applicant is entitled for rounding off of disability pension from ©30% for life to ©50% for life.

In view of the above, the Original Application No. 1660 of 2017 deserves to be allowed, hence allowed. The impugned order dated 05.07.2017,

enclosed as Annexure A-1 of the Original Application is set aside. The disability of the applicant i.e. 'CORONARY ARTERY DISEASE â€

ACUTE STEIWMI (OLD) (N) LV FUNCTION (NOT Tx) LEFT DOMINANT DVD ICD (125.2)' is to be considered as aggravated by military

service. The respondents are directed to grant disability element to the applicant ©30% for life which would stand rounded off to 50% for life from

the date of his discharge i.e. 31.07,2015. The respondents are directed to give effect to this order within a period of four months from the date of

receipt of a certified copy of this order. Default will invite interest @ 6% per annum till actual payment.

No order as to costs.

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

Pronounced in the open court on 5th March, 2020.