Ramji Prasad Singh vs Union Of India And Others

Aggrieved by the order dated 06.03.2009 denying him disability pension for the medical disabilities viz. (i) Primary Hypertension; (ii) Diabetes

Mellitus Type-II; and (iii) Coronary Artery Disease (composite disability © 30% for life) on the ground that these were neither attributable to nor

aggravated (NANA) by military service, the applicant, a retired HFO of the Indian Air Force, has filed this 0.A with a prayer that he be granted

disability element of pension © 30%, broad banded/rounded off to 50%, from the date of his discharge from service.

Heard the learned counsel on both sides and perused the pleadings and the documents on record.

Learned counsel for the applicant has submitted that the applicant was enrolled in the Indian Air Force on 03.11.1972 in the trade of Clerk/General

Duty and retired in the rank of Master Warrant Officer (MWO) on 30.11.2009, after being granted honorary rank of Flying Officer (HFO) on

15.08.2009. Release Medical Board (RMB) was conducted on 25.02.2009 and the applicant was assessed with three disabilities viz. (i) Primary

Hypertension (old) © 30% disablement (ii) Diabetes Mellitus Type-II © 15-19% disablement and (iii) CAD Post PTCA on RCA (old) @ 30%

disablement, with composite disability assessed @ 30% for life, all NANA. The applicant has also contended that he was detected with Acute

Pyelonephritis (Rt) Kidney on 08.06.2009, after the RMB was conducted, for which medicines were prescribed, but the disability was not mentioned

in the RMB proceedings. Learned counsel has contended that all the diseases contracted by the applicant can be considered as attributable to or

aggravated by military service as per the relevant paragraphs of the Guide to Medical Officers (Military Pensions) 2008 as they occurred due to the

stresses and strains of the military service.

In support of his case, learned counsel for the applicant has placed reliance on the following decisions of the Hon'ble Supreme Court:

(i) Dharamvir Singh v. Union of India and others (2013) 7 SCC 36;

(ii) Sukhvinder Singh v. Union of India and others (2014) 14 SCC 364

Learned counsel for the respondents, on the other hand, has controverted the arguments made on behalf of the applicant. Learned counsel has

contended that the applicant served only in peace stations through out his service period except for one posting at Bhuj during 1973-77, a station

classified as 'field only for administrative reasons. Further, the onset of all the diseases contracted by him were in peace stations where his duties did

not involve excessive stress and strain. Moreover, the diseases like Primary Hypertension and Diabetes are life style diseases which are caused by

sedentary life style or wrong food habits. Hence, very fairly and correctly, the medical disabilities were assessed as NANA.

We have given careful consideration to the arguments made before us and find that the primary issue in this case is, whether the applicant, who

retired after 32 years of service in the Indian Air Force and was found with medical disabilities CAD, Primary Hypertension and Diabetes Mellitus

Type-II (composite disability © 30% for life) by the RMB should be granted disability pension despite the assessment by the RMB that these

disabilities were NANA due to having been contracted in peace stations and there being no close association between these disabilities and the

stresses and strains of his military service.

We find that the applicant's case is squarely covered by the decision in Dharamvir Singh (supra) in which, at Para 24, reference is made to Para

423(a) of the General Rules of Guide to Medical Officers (Military Pensions) 2002, relevant portion of which is reproduced as under:

423(a) For the purpose of determining whether the cause of a disability or death resulting from disease is or is not attributable to service, it

is immaterial whether the cause giving rise to the disability or death occurred in an area declared to be a Field Service/Active Service area

or under normal peace conditions. It is, however, essential to establish whether the disability or death bore a causal connection with the

service conditions.

Further, we find that the disabilities, which the applicant is affected by, are covered at Para 5 of the decision in Union of India and another v. Rajbfr

Singh (2015) 12 SCC 264

In the result, we find merit in the 0.A and allow the same. The applicant will be entitled to disability element of pension at the broad banded rate

from 30% to 50% for life, in the light of the decision of the Hon'ble Apex Court in Union of India and others v. Ram Avtar (Civil appeal No 418 of

2012 decided on 10.12.2014). However, in view of the delay in filing the instant 0.A, the arrears will be restricted to a period of three years preceding

the date of filing this 0.A i.e. 17.01.2018. Fresh PPO and arrears shall be paid to the applicant within four months from the date of receipt of a copy of

this order. Default will invite interest @ 8% per annum till actual payment.

No order as to costs.

Pronounced in open Court on this the 17th day of October 2019.