Om Prakash vs Union Of India And Others

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

(a) Direct the respondents to hold 20% disability of the Applicant Attributable to or Aggravated by military service and grant him disability pension

accordingly for life from the date of his invalidment from service.

(b) Direct the Respondents to round off the disability of the Applicant from 20% to 50% and grant disability pension accordingly.

(c) Direct the respondents to pay the arrears of the disability pension with interest @9% p.a. to be compounded quarterly.

(d) Issue such other /direction as this Hon'ble Tribunal may deem fit in the facts of the case.

The applicant was enrolled in the Indian Armyon 17th April, 1967, after going through a thorough medical examination, wherein he was found

medically fit. He was invalided out from service having been found medically unfit for further servicewith effect from 18thNovember, 1984, after

putting in more than seventeen years service. The Invaliding Medical Board assessed his disability ""Neurotic Depressive Reaction 300 (d)"" at the rate

of twenty per cent for two years; neither attributable to nor aggravated and also not connected with military service. It is in these circumstances that

the applicant has preferred the present OA.

The learned counsel for the applicant has contended that since the applicant was found mentally and physically fit at the time of enrolment and

there is no mention in his service documents that the applicant was suffering from any disease, he is entitled to disability pension. In support of his

contentions, learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in Dharamvir Singh Vs. Union of India and Ors. [(2013

7 SCC 316].

On the other hand, learned counsel for the respondents contended that the applicant has completed seventeen years of service and is in receipt of

service pension. Claim of the applicant for grant of disability pension was adjudicated by the competent authority and the same was rejected on the

grounds that the disability, viz. ""Neurotic Depressive Reaction 300 (d)"", as has been opined bylnvaliding Medical Board as a constitutional disease and

(NANA) neither attributable to nor aggravated by military service. He submitted that the applicant is not entitled to disability pension and prayed for

the OA to be dismissed.

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

The only questions which needs our consideration is as to whether the disease ""Neurotic Depressive Reaction 300 (drof the applicant is attributable

to or aggravated by military service. 7. As far as attributability is concerned, in medical terminology this disease is a long term chronic form of

depression which ultimately results in loss of interest in normal daily activities, feeling of inadequacy and lack of productivity. Records reveal that for

few years before the onset of disease the applicant was posted in Kargil area of Jammu and Kashmir.The disease was detected for the first time in

1981 when the applicant was posted at Jam Nagar. We find that the primary reason for rejection of attributability/aggravation by military service by

IMB is that the disease is of a constitutional origin and is not connected with service.We, however, do not agree with this cryptic sentence

constitutional disease"" for denial of attributability. It is well know that stress and strain play a major role in mental diseases. Hence we are of the

opinion that the disease was aggravated by military service.

So far as the benefit of rounding off is concerned, this provision is not applicable for pre 1996 cases. Hence the applicant is not eligible for

thebenefit of rounding off in these two years of IMB after his discharge.

In view of the above OA is partially allowed. The disability of the applicant""Neurotic Depressive Reaction 300 (d)"" at the rate of twenty per cent is

to be considered as aggravated by military service for two years after his discharge.However, due to law of limitation as per Hon'ble Supreme Court

order in Shiv DassVs. Union of India and Ors. 1(2007) 9 SCC 274 ]there shall be no arrears for the disability element for the two years period after

discharge. The applicant is already in receipt of his service element for life. Since the applicant has acquired this disability about three years before his

discharge, his further entitlement of the disability element will be subject to the outcome of the Re-survey Medical Board (RSMB) which the

respondents shall conduct within four months from the date of receipt of copy of this order. Ordered accordingly.

The respondents are directed to comply with this order within four months from the date of receipt of a copy of this order.

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