Shilpa Rao vs Union Of India And Others

Casual Relationship of the Disability with Service conditions or otherwise

2.",,,,

Disability,"Attributabletd service

(Y/N)","Aggravated by

service (Y/N)","Not connected with

service (Y/N)","Reason/Caused/Specific

condition and period in

service.

(i)WPW

Syndrome(OLD) Z

09.0",NO,NO,YES,"(a) Disease is

constitutional in nature.

(b) Detection of

disability in peace area

(265 SU/Jaisalmer/06

Feb 13).

(c) No delay in

diagnosis/ treatment.

WPW Syndrome is a

disorder of cardiac

rhythm and conduction:

this is because of

congenital aberrant

pathway between atria

and ventricle. Also

there was no history of

infection in the heart

which may lead to

aberrations in the heart.

NANA vide para 28 of

GMO 2008.

(ii) Mitral valve

Prolapsed with mild

Regurgitation (0 I 05,

Z 09.0",NO,NO,YES,"(a) Disease is

constitutional in nature.

(b) Detection of

disability in peace area

(265 SU/Jaisalmer/06

Feb 13).

(c) No delay in

diagnosis/treatment.

(d)MVP is basically a

floppy mitral valve

which is primarily a

congenital abnormality

in the heart. NANA

vide para 83 of GMO

2008

Note:- A disabifity Not connected with service ""would be neither Attributable nor aggravated by service (This is in

accordance with instruction contained in 'Guide to Medical Officers (Mil Pension) -2002'",,,,

We have given very carefu consideration to the arguments made before us and find that the primary issue for adjudication is whether the medical,,,,

disabilities of the applicant viz VVPVV Syndrome, a disorder of heart rhythm and conduction, and Mitral Valve Prolapse. a disorder involving a floppy",,,,

mitral valve, can be attributable/aggravated by military service.",,,,

As regards the disability VVPVV Syndrome is concerned the assessment of disability is 50/0 and, threfore. being less than 20%, the applicant is not",,,,

entitled for disability element of this disability,,,,

As regards disability of Mitral Valve Prolapse with Mild Regurgitation is concerned this disability was subject matter in TA No.1218 of 2010,",,,,

Gurmail Singh vs. Union of India & Ors (Supra) arising out of CS No.728/2004, this Tribunal had allowed the OA filed by the applicant claiming",,,,

disability element of pension which was discontinued earlier.,,,,

Again in Ajab Singh vs. Union of India & Ors CWP No.14432 of 2112 (O&M) (Supra) also the applicant was suffering from the same disability,,,,

and was denied the benefit of disability pension on the ground that the disability was Neither Attributable Nor Aggravated by military service,,,,

(NANA). The High Court of Punjab & Haryana while deciding this case have examined the order passed by the Division Bench of the High Court of,,,,

Punjab & Haryana in CWP No.7277 of 2013 titled' Ex. Naik Umed Sigh vs. Union of India & Ors' decided on 14.05.2014, wherein it has been held",,,,

that a disease, which is not recorded at the time of entry of the personnel into army can be said to be attributable to or aggravated by military service",,,,

unless it is found that such disease could not be detected at the time of entry into military service. It has been held to the following effect:,,,,

In terms of Regulations contained in Appendix 11„ the Armed Forces personnel are not to prove the conditions of entitlement of pension. They are,,,,

entitled to receive the benefit of doubt (Clause 9). In terms of Clause 14. once it is established that conditions of military service did not determine or,,,,

contribute to the onset of the disease, but influenced the subsequent course of the disease will fall for acceptance on the basis of aggravation. But if",,,,

the medial opinion finds that the disease could not have been detected on medical examination prior to acceptance of service, disease will not be",,,,

deemed to have arising during service [Rule 14(b)]. Thus if the Medical Bord has not opined that disease could not have been detected on medical,,,,

examination prior to acceptance of service. opinion of the Medical Board that the disease is not attributable or aggravated by military service would be,,,,

contrary to the statutory regulations and, thus, the report of the Medical Board would be suspectable and liable to be set aside. In that eventuality, it",,,,

will not be a case of setting aside the report of the Medical Board only for the reason that In exercising of power of judicial review, another view is",,,,

being taken but such report will be set aside for the reason that it does not satisfy the parameters specified in the Regulations and the instructions.,,,,

Thus. in cases where the Medical Board does not disclose the reasons that disease could not have been detected on medical examination prior to,,,,

acceptance of service, the cause of discharge from armed forces, will be deemed to be aggravated or attributable to military service.",,,,

Relying on that judgement it was held that the applicant is entitled to disability pension. Following this judgement. coupled with the fact that there is,,,,

no mention in the Release Medical Board that such disease could not be detected at the time of entering into military service so far as this disability is,,,,

concerned, the applicant is entitled to the benefit of disability element of.",,,,

The respondents are directed to implement the order and release the arrears within a period of four months from the date of receipt of a copy of,,,,

this order, failing which the arrears shall carry interest at the rate of eight per cent per annum.",,,,

The O.A. stands disposed of in the above terms with no order as to costs,,,,

Pronounced in open court on the 2nd day of March, 2020.",,,,