Sunil Kumar vs Union Of India And Others

Being aggrieved by denial of disability pension, the applicant has filed the present Original Application under Section 14 of the Armed Forces

Tribunal Act, 2007 wherein he has sought the following reliefs:-

(a) To direct the respondents to grant disability pension and duly broad banding the disability from 20% to 50% alongwith interest @ 8% per annum on

the arrears wef his date of retirement i.e. 01.11.2004.

(b) That the Applicant be awarded reasonable cost of the litigation as deemed just and proper by the Hon'ble Court in the facts and circumstances of

the case.

(c) To pass any such other and/or further order or orders as this Hon'ble Tribunal may deem fit and proper in the interest of justice and in the facts

and circumstances of the case.

The brief facts of the case giving rise to the instant original applicant are that the applicant was enrolled in the Indian Army on 18.06.2001 and

discharged from service on 28.02.2017 on completion of more than 15 years of service. The Release Medical Board (RMB) held on 07.10.2016 at

Military Hospital (MH) Bareilly assessed his disability 'Schizophrenia' @ 40% for life but opined it to be neither attributable to nor aggravated by

military service (NANA). Disability pension claim preferred by the applicant was rejected vide order dated 21.03.2017. Thereafter First Appeal

against rejection of disability pension claim was forwarded by the applicant which is still pending. It is in this perspective that the applicant has

preferred the present O.A.

Ld. Counsel for the applicant pleaded that the applicant was fully fit at the time of enrolment and asserted that after having served for more than 10

years, he was found to be suffering from 'Schizophrenia'. The applicant's medical category was downgraded to P2 (permt) and till retirement he

served in low medical category. The Ld. Counsel for the applicant asserted that the applicant has picked up this disability due to stress and strain of

Army service. Ld. Counsel for the applicant further submitted that prevailing service conditions in the military units are very demanding and put similar

stress as that of field posting. Relying upon the Hon'ble Apex Court judgment in the case of Dharamvir Singh vs Union of India & Ors, reported in

(2013) 7 SCC 316, Ld. Counsel for the applicant vehemently argued that the disability of the applicant is principally due to stress and strain of military

service hence it should be considered as aggravated by military service.

On the other hand, Ld. Counsel for the respondents contended that disability of the applicant has been regarded as NANA by the RMB hence he is

not entitled to disability pension. He further stressed that in the instant case onset of disability was in a peace station and there is no close time

association with stress/strain of service as associated with Field/High Altitude/Counter Insurgency Operations. Therefore, disability of the applicant

has been opined as NANA by the RMB. He pleaded for dismissal of the O.A.

We have heard Ld. Counsel for the applicant as also Ld. Counsel for the respondents. We have also gone through the RMB and rejection order of

disability pension claim. The question before us is simple and straight i.e.-is the disability suffered by the applicant attributable to or aggravated by

military service?

On careful scrutiny of the service profile of the applicant, it is established that the applicant has served continuously in field area from 10.06.2007 to

29.09.2010 (i.e. more than three years) in Arunachal Pradesh and MK. He was inducted at Delhi (peace posting) on 30.09.2010 and the disability was

first reported on 28.07.2011. Therefore the disability of the applicant seems to have a close time association with Field/HAA posting. We have also

noted that the applicant has been discharged from service before completion of his initial engagement period, due to being in low medical category and

having no sheltered appointment.

We find that the RMB has denied attributability to the applicant only by endorsing that the disability 'Schizophrenia' has no causal connection with

military service and the onset of disability is in peace area with no close time association with stress/strain of service in Fd/HAA/CI Ops. We feel that

firstly such a discrimination between peace posting and a posting to Field/High Altitude Area/Counter Insurgency Operations amounts to saying that

there is no stress and strain of military service in peace area, which is not the absolute truth. Secondly this disability has originated in less than one

year after two back to back field postings of the applicant.

In view of the above, we are of the considered opinion that the benefit of doubt in these circumstances should be given to the applicant in view of

Dharamvir Singh vs Union of India & Ors (supra) and the disability of the applicant should be considered as aggravated by military service.

Additionally, the applicant is entitled to the benefit of rounding off. Hence his 40% disability for life shall stand rounded off to 50% for life in terms

of the law settled vide Union of India vs Ram Avtar & Ors, (Civil Appeal No. 418 of 2012 decided on 10 December, 2014).

As a result of foregoing discussion, the O.A. is allowed. The impugned orders are set aside. The applicant shall be entitled to disability element @

40% for life to be rounded off to 50% for life w.e.f. his date of discharge. 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.

No order as to costs.

Pending applications, if any, are disposed of accordingly.

Pronounced in the open court on 11th March, 2020.