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Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard the instant application seeking for grant of disability pension.

The facts of the case were such that the applicant was enrolled in Army on 29-07-2003 and was invalided out from service on 17-08-2016 in the low medical category. The Invaliding Medical Board (IMB) assessed his disabilities;

  • Alcohol Dependence Syndrome at 19% and
  • Primary Hypertension at 30%, composite at 40% for life and opined that disability of the applicant was neither attributable to nor aggravated by military service (NANA).

The applicant submitted representation dated 02–2016 to the Chief of the Army Staff which was disposed off vide order dated 28-12-2016 and the applicant was discharged from service also the State had rejected the request of applicant for the grant disability pension.

Grievances of the applicant were that the applicant was medically fit when he was enrolled in the service and any disability not recorded at the time of enrolment should be presumed to have been caused subsequently while in service. The applicant contended that action of the respondents in not granting disability pension to the applicant was illegal, therefore, the disability (Primary Hypertension) of the applicant was to be considered as aggravated by service and he was entitled to get disability pension duly rounded off to 50%.

The Tribunal though, opined that Alcohol Dependence Syndrome was NANA in light of the fact that it was due to prolonged alcohol abuse. It was also observed that the said disease was also below 20%.

However, with regard to Primary Hypertension, the Tribunal noticed that the only reason for declaring the disease as NANA was that it had originated in peace area and not connected to military service. On further scrutiny, the Tribunal observed that the said disability was initially detected in the year 2013 after about 10 years of service. Therefore, it was held,

“The reasons given for declaring disease as NANA were very brief and cryptic in nature and did not adequately explain the denial of attributability.”

 The Tribunal denied the view that there was no stress and strain of service in military stations located in peace areas. Thus, it was held that second disability i.e. Primary Hypertension at 30% for life was to be considered as aggravated by military service because stress and strain of military service in line with the law settled on this matter by the Supreme Court in the case of Dharamvir Singh v. Union of India, (2013) 7 SCC 316.

In the light of above, the State was directed to round off second disability from 30% to 50% for life in terms of the decision of Supreme Court in Union of India v. Ram Avtar, 2014 SCC OnLine SC 1761. The impugned order was set aside and the respondents were directed to give effect to this order within four months. [Devender Kumar Singh v. Union of India, Original Application No 480 of 2017, decided on 01-02-2021]


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Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, heard the instant application seeking grant of special family pension.

Husband of the applicant was enrolled in the Army on 22-12-2003. While being posted to 20 RAJ RIF unit, he was granted 04 days Advance of Annual Leave from 06-11-2010 to 09-11-2010. On 06-11-2010 husband of applicant met with a road accident and subsequently died on 15-11-2010 in Command Hospital, Lucknow. A Court of Inquiry was convened and it was opined that death of husband of applicant was neither attributable to nor aggravated by military service and also not connected with military service. Accordingly, the applicant was granted an Ordinary Family Pension.

The applicant approached the government to sanction Special Family Pension but her case was rejected. Thereafter, she preferred O.A. No. 384 of 2018 before this Tribunal which was disposed of on 31-08-2018 with direction to the respondents to decide the pending appeal of the applicant by a speaking and reasoned order in accordance with law within a period of three months. Till date, the order had not been complied with. Thereafter, applicant filed Execution Application No. 236 of 2018, during which government passed the impugned order dated 18-11-2019 denying Special Family Pension to the applicant.

Noticing the report of the Court of Inquiry, the Tribunal expressed, the State had denied special family pension to the applicant on the reason that for getting special family pension, in respect of injury sustained resulted to death during course of employment, there must be some causal connection between the injury/death and military service, which was being lacking in applicant’s case.

 The Supreme Court, in  Madan Singh Shekhawat v. Union of India, (1999) 6 SSC 459 framed following points for consideration regarding grant of pension:-

“(a) When Armed Forces Personnel proceeds on casual leave or annual leave or leave of any kind, he is to be treated on duly

(b) There has to be causal connection between the injury or death caused by the military service. The injury or death must be intervention of armed forces service and not an accident which could be attributed to risk common to human being.”

In view of above guiding factors, the Tribunal reached to the findings that husband of the applicant was on advance of annual leave when he met with accident with another motorcycle and later succumbed to injuries, the activity in which he sustained injury resulted to death were neither attributable to nor aggravated by military service and not connected with his military duties in any manner’. Hence, the Tribunal dismissed the petition holding that the widow was not entitled to special family pension. [Neelam Singh v. Union of India, 2021 SCC OnLine AFT 1815, decided on 04-02-2021]


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Armed Forces Tribunal: Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) A, allowed the application seeking directions to quash orders rejecting disability pension to the applicant.

The applicant was enrolled in Indian Army on 17-06-2013 and was invalided out from service on 16-12-2013 in Low Medical Category under Rule 13 (3) Item IV of the Army Rules, 1954. The Invaliding Medical Board (IMB) held assessed his disability ‘Catatonic Schizophrenia’ at 40% for life and opined the disability to be neither attributable to nor aggravated (NANA) by service.

Counsel for the applicant, K.K. Singh Bisht pleaded that the applicant was enrolled in  Army in medically and physically fit condition and there was no note or record to the contrary at the time of entry. Therefore, any deterioration in his health should be presumed to be due to service conditions.

The respondent contended that claim for disability pension had rightly been rejected by the competent authority in view of para 198 of Pension Regulations for Army, 1961 (Part-I), which categorically stated that the minimum period of qualifying service actually rendered and required for grant of invalid pension is ten years, but in the instant case, the applicant had put in only 07 months of service. The disease applicant was found to be suffering with in medical test was first started on 13-09-2013, i.e. within three months of joining the service.

Noticing the disease had started in less than three months of enrolment, the Tribunal stated that it could not be concluded that it had been caused by stress and strains of military service. The Tribunal relied on Narsingh Yadav v. Union of India, (2019) 9 SCC 667, wherein the Supreme Court had held,” Mental disorders cannot be detected at the time of recruitment and their subsequent manifestation does not entitle a person for disability pension unless there are very valid reasons and strong medical evidence to dispute the opinion of Medical Board.” The Tribunal while disposing of the application explained, A recruit is akin to a probationer and hence, prima facie the respondents as an employer have every right to discharge a recruit who is not meeting the medical requirement of military service and is not likely to become a good soldier.”

 Since there was no causal connection between the disease and military service, the Original Application was dismissed for being devoid of merit. [Durgesh Kumar Singh v. Union of India, 2020 SCC OnLine AFT 4635, decided on 11-12-2020]

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Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava (Chairperson) and Vice Admiral Abhay Raghunath Karve (Member) allowed an application for disability pension filed under Section 14 of the Armed Forces Tribunal Act, 2007.

The applicant was enrolled in Army on 28-02-1994 and was discharged on 29-02-2016 in Low Medical Category on completion of service limits under Rule 13 (3) Item III (i) of the Army Rules, 1954. The Release Medical Board (RMB) assessed his disabilities (i) Obesity (E-66) at 5% for life, (ii) Type II Diabetes Mellitus (E-11) at 20% for life, (iii) Dyslipidemia (E-78.0) at 5% for life and (iv) ACL Tear Complete (RT) OPTD (S-83.5) at 20% for life, composite at 40% for life and opined the disabilities to be neither attributable to nor aggravated (NANA) by service. The applicant approached the respondents for grant of disability pension but the same was rejected.

The questions before the Tribunal were of two-fold:

(a) Whether the disabilities of the applicant were attributable to or aggravated by Military Service?

(b) Whether the applicant was entitled to the benefit of rounding off the disability pension?

The Tribunal, while relying on Dharamvir Singh v. Union of India, (2013) 7 SCC 316, held that reasoning of RMB for denying disability pension stating that injury (i) to (iii) were lifestyle disease and injury (iv) occurred when the applicant was on leave, was not convincing and did not reflect the complete truth on the matter. Since, injury (i) to (iii) started after the applicant had served 20 years of service the benefit of the doubt should be given to the applicant and second and third disabilities of the applicant should be considered as aggravated by military service. Regarding injury (iv), the Tribunal observed that applicant suffered an injury while going to join on permanent posting, hence, it should be treated to have causal connection with military service and the same should be considered attributable to or aggravated by military service.

On the point of rounding off of disability pension, the Tribunal cited Union of India v. Ram Avtar, 2014 SCC OnLine SC 1761, wherein the Supreme Court held that, “an individual, who has retired on attaining the age of superannuation or on completion of his tenure of engagement, if found to be suffering from some disability which is attributable to or aggravated by the military service, is entitled to be granted the benefit of rounding off of disability pension.”

In view of the above, the Tribunal set aside the impugned order holding that benefit of rounding off of disability pension at 40% for life should be rounded off to 50% for life and be extended to the applicant from the date of his discharge. The disabilities of the applicant were held as aggravated by Service and the respondents were directed to comply with the order within a period of four months from the date of receipt of a certified copy of this order. Further, the interest of 9% per annum was awarded for default till actual payment. [Krishna Kumar v. Union of India, O.A. No. 14 of 2019, decided on 09-12-2020]

Hot Off The PressNews

The Government has taken a decision to allow Invalid Pension to Armed Forces Personnel with less than 10 years of qualifying service.

Invalid pension is granted to the Armed Forces Personnel who is invalided out of service on account of disability which is accepted as Neither Attributable to Nor aggravated (NANA) by Military Service. The proposal has been approved by Raksha Mantri Rajnath Singh. Benefit of this decision will be available to those Armed Forces Personnel who were in service on or after 04.01.2019.

Earlier, the minimum period of qualifying service actually rendered and required for invalid pension was 10 years or more. For less than 10 years qualifying service, invalid gratuity was admissible. By this decision, Armed Forces Personnel whose service is less than ten years and became/become invalided out of service on account of any bodily or mental infirmity which is Neither Attributable to Nor Aggravated (NANA) by Military service and which permanently incapacitated/incapacitates them from military service as well as civil re-employment, will be benefited and it will make them economically sound.


Ministry of Defence

[Press Release dt. 15-07-2020]

[Source: PIB]

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Armed Force Tribunal (AFT): A Division Bench of Justice Virender Singh (Chairperson) and Air Marshal B.B.P Sinha (Member) dismissed an application by the applicant under Section 14 of the Armed Forces Tribunal Act, 2007.

The applicant was enrolled in Army in 2003 as a Signalman and was invalided out from service in 2012 in low Medical Category under Rule 13(3) III (iii) of the Army Rules, 1954. At the time of invalidment from service, the Invaliding Medical Board (IMB) assessed his disability ‘Alcohol Dependence Syndrome’ at 1-5% for life and opined the disability to be neither attributable to nor aggravated (NANA) by service and not connected with service due to habitual disorder. The applicant approached the respondents for grant of disability pension but it was rejected.

The following were the two issues before the Tribunal:

  1. Whether the disability of the applicant i.e. ‘Alcohol Dependence Syndrome’ could be attributable to or aggravated by military service?
  2. Whether the disability percentage has been decided correctly?

The Tribunal held that alcohol dependence syndrome is primarily a disease where an individual cannot control his excessive drinking habits. The disease leads to being drunk while on duty and poor performance during discharge of official duties. “It is also very clear that drinking Alcohol and exercise of discipline and moderation while drinking is a matter of personal choice”. They further held that the military doctors and the organization make all the efforts to help a soldier who becomes a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on the same ground. As far as attributability of the disability, it was neither attributable to nor aggravated by military service.

While calculating the disability percentage, the Tribunal relied on the Supreme Court’s Judgment in Sukhwinder Singh v. Union of India, (2014) STPL (WEB) 468 SC where they held that any disability not recorded at the time of recruitment must be presumed to have been caused to be a consequence of military service. The benefit of doubt must be in favour of the member of the Armed Forces. Wherever a member of the Armed Forces is invalided out of service, it perforce has to be assumed that their disability was found to be above twenty per cent.

Considering all issues, the Tribunal agreed with the opinion of IMB that the disease of the applicant was neither attributable to nor aggravated by military service and decided to not interfere with this process or provide any other relief to the applicant.[Kailash Joshi v. Union of India, 2019 SCC OnLine AFT 4366, decided on 16-08-2019]

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Armed Forces Tribunal (AFT): Justice S.V.S. Rathore and Air Marshal BBP Sinha (Member) partly allowed an application to consider applicant’s disability as aggravated by military service. The applicant filed a petition for grant of disability pension with a delay of 09 years, 09 months and 09 days. He was commissioned fully fit as an officer in the Indian Army in 1972 and was discharged from service in low medical category in 1997. The Release Medical Board (RMB) assessed his disabilities (i) I.H.D. ICDN 411 (CAD) at 11-14% for two years and (ii) Ankylosing Spondylitis at 11-14% for two years, composite assessment at 20% for two years as neither attributable to nor aggravated (NANA) by military service. Therefore, his disability pension claim was rejected. The respondents contended that the applicant approached the Tribunal after a gap of 20 years and such inordinate delay cannot be condoned. The Tribunal rejected this contention of the respondents primarily because the pension is a recurring cause of action. They further contended that disabilities of the applicant have been regarded as NANA by the RMB, hence the applicant is not entitled to disability pension. They further submitted that an incumbent is granted disability pension when invalidated out of service on account of a disability which is attributable to or aggravated by military service and is assessed at 20% or over. On the other hand, the applicant argued that he had picked up these diseases due to stress and strain of service. 

The Tribunal went on answering as to whether the disabilities of the applicant are attributable to or aggravated by military service? The Tribunal relied on Dharamvir Singh v. Union of India, (2013) 7 SCC 316 to address the law on attributability/aggravation of a disability where the Supreme 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 current legal position. ‘Ankylosing Spondylitis’ is an inflammatory disease which, over time, can cause some of the vertebrae in the spine to fuse resulting in a hunched-forward posture. This disease has no known specific cause, though genetic factors seem to be involved. Since the cause of the disease is not clearly known and there is no mention of genetic loading in RMB, therefore, the Tribunal gave the benefit of doubt in favour of the applicant.

The Tribunal held that the RMB had denied attributability/aggravation to the applicant only by endorsing a cryptic sentence that his disability is not connected with military service and that the disabilities of the applicant should be considered as aggravated by military service. The applicant was held entitled to 20% disability element (composite) for both the disabilities for two years after discharge which would round off to 50%. However, the Supreme Court in the case of Shiv Dass v. Union of India, (2007) 9 SCC 274 held that arrears of disability pension are to be restricted to three years prior to the filing of the application if the same has been filed belatedly and the delay is condoned. Since the applicant approached the Tribunal after a gap of more than 09 years, he was not entitled to any arrears due to the law of limitations.[DS Jasrotia v. Union of India, 2019 SCC OnLine AFT 3883, decided on 15-07-2019]

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Armed Force Tribunal: A Division Bench of Justice Sunita Gupta (Member) and Lt. Gen. Philip Campose (Member) allowed an application under Section 14 of the Armed Forces Tribunal Act, 2007 to claim disability pension. The applicant was commissioned in the Indian Air Force in Logistics Branch in a sound mental condition. In the course of his service, he was diagnosed with Primary Hypertension and was superannuated with his disability which was assessed at thirty percent for life. This claim was rejected by the respondents on the ground that the disability was ‘Neither Attributable to, Nor Aggravated by Military Service’ as per the Medical Board examination, which is an expert body. The applicant relied on the Supreme Court’s judgment in Dharamvir Singh v. Union of India, (2013) 7 SCC 316 which held that the question of whether a disability is attributable or aggravated by military service is to be determined under Entitlement Rules for Casualty Pensionary Awards, 1982. Under these rules, if a member is subsequently discharged from their service on medical grounds, any deterioration on their health is presumed due to service. The logic is that if no disability or disease was detected at the time of the individual’s acceptance, it is deemed to have arisen in the service.

In the present case, the Tribunal addressed other recommendations made by the Committee of experts constituted by the Ministry of Defence. The expert committee has recommended that whenever a legal principle is settled by a High Court or Supreme Court, the same must be universally applied to all primarily placed employees for efficient redressal of grievances related to service and pension matters. The Tribunal Finally held that the disability accrued by the applicant was during the course of Military Service and he is thus entitled to disability element of pension at thirty percent for life which is liable to be broadband to 50 percent too.[S Sriram v. Union of India, 2019 SCC OnLine AFT 3490, decided on 05-07-2019]

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Armed Force Tribunal: Coram of Justice S.V.S. Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) dismissed an application filed by the wife of an army officer seeking a grant of Special Family Pension, holding that the same was devoid of merits.

The facts were that the applicant’s husband was on annual leave. He got injured while he was traveling to his father-in-law’s house by a vehicle which met with an accident due to negligent driving. He was taken to hospital for treatment but he died on the way to the hospital. After the death of her husband, the applicant prayed for gratuity and Special Family Pension, but she was denied the same and granted ordinary family pension, on the ground that death of her husband had no casual connection with Army duty. It was claimed by the applicant that the Entitlement Rules for Casualty Pensionary Awards, 1982 stipulates that death disability in such cases must be deemed to be attributable to military service and as such Special Family Pension ought to have been granted by the respondents. By means of this Original Application, she prayed for the setting of the order denying Special Family Pension and requested for issuance of an order to the respondents to pay Special Family Pension from the date of death of her husband with arrears.

In the Original Application, reference was made of a case of Gurmit Singh Butter v. Union of India, 2000 (5) SLR, wherein it had been held that “casual leave, annual leave, furlough or medical leave, the relationship of employees and employer does not cease and the same shall continue”.

In the counter affidavit, it is stated that FIR to this accident was lodged and the Station Commander recommended that “the death of the deceased may be regarded to Military Service in peace”. But, the Officiating Commander in his order directed that “the death of deceased is not attributable to Military Service” and so the Special Family Pension claim of the applicant was rejected.

The Tribunal opined that under Section 16 of the Pension Regulatory, there are certain necessary conditions for grant of Special Family Pension. Keeping in view this regulation, it was clear that there must be a causal connection between the cause of injury and army duty. The Court relied on the judgment passed by this Bench in Shreepal v. Union of India, 2018 SCC OnLine AFT 8045 in which it was held that Army personnel will be deemed to be on duty when he is on any type of authorized leave during traveling to or from home from the place of posting.

It was held that in the instant case there was any causal connection with the Army duty and the accident. Thus, his accident could not be treated as being attributable to military service. Hence, it was held that there was no illegality or irregularity in the impugned order.[Sanju Singh v. Union of India, 2019 SCC OnLine AFT 1433, decided on 10-05-2019]

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Armed Forces Tribunal: A Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) allowed an ex-hawaldar’s application for disability pension holding that stress and strain of military service can also happen in peace areas.

Applicant herein was enrolled in the Indian Army in 1971 and after serving the Army for 22 years, he was discharged from service in 1973. Thereafter, the applicant was inducted in the Defence Security Corps (DSC) as Sepoy in medically fit condition and after serving for 15 years in the DSC, he was discharged therefrom in 2010. Before applicant’s discharge, the Release Medical Board (RMB) considered his disability as ‘primary hypertension’ and opined the disease as “neither attributable nor aggravated” (NANA) by military service and assessed it as 30% for life. The Medical Board further assessed the disability qualifying for a disability pension as NIL for life. Aggrieved with non-payment of disability pension, the applicant preferred representation which was rejected by the appropriate authority. Hence, the present petition.

The Tribunal noted that the only reason given by the RMB for declaring the disease as NANA was that it had not started in peace area and not in a field, high altitude area or counter-insurgency operation area. This reason was outrightly dismissed by the Tribunal opining that it amounted to saying that there is no stress and strain of military service in peace areas. Therefore, in terms of the judgment of Dharamvir Singh v. Union of India, (2013) 7 SCC 316 it was held that the applicant’s disability of ‘primary hypertension’ be considered as aggravated by military service.

The impugned order was set aside and the applicant was held to be entitled to benefit of rounding-off of disability pension. Relying on Shiv Dass v. Union of India, (2007) 9 SCC 274 he was directed to be granted disability pension at 30 percent for life which would be rounded off to 50 percent from three years prior to the filing of this application.[Ex Havildar Anand Singh v. Union of India, 2019 SCC OnLine AFT 1408, decided on 26-03-2019]

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Armed Forces Tribunal: The Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) set aside the order of Principal Controller of Defence Accounts, Allahabad (PCDA-P) rejecting disability pension to an ex-sepoy.

Applicant herein, who joined the Indian Army as a sepoy in 1999, was admitted to Medical Hospital during his service period. The Invalidating Medical Board (IMB) categorized his disease as ‘Generalised Seizures –V-72 (Permanent)’ and assessed it as 20 percent for two years; holding it to be ‘neither attributable to nor aggravated by military service’ (NANA). The applicant was discharged from service in 2002, but his case for disability pension was rejected by the PCDA (P) in 2003. Hence, the instant application.

Learned counsel for the applicant, Mr Vinay Kumar Pandey, submitted that since the applicant was enrolled in medically fit condition and was thereafter discharged in ‘low medical category’, therefore his disability should be considered as attributable to and aggravated by military service and he should be granted disability pension. Further, IMB had not cited any reason for nonconnection of applicant’s disability with service in the Army.

Dr Shailendra Sharma Atal, learned counsel for the respondent submitted that as per Para 173 of the Pension Regulations (Part-I) 1961, the applicant was not entitled to any disability pension since the same is admissible only to an individual who is invalided out from service on account of disability attributable to military service.

The Tribunal noted that the applicant was enrolled in Army in a medically fit condition and discharged after 03 years and 233 days of service in low medical category. Respondent had not produced any document to prove that the disability/disease existed at the time of enrolment. The disease has started after more than two years of service, and the reason for declaring the disease as NANA was very cryptic i.e. ‘not connected with military service’. The said statement did not convey clearly as to why the disease had been declared as NANA.

Relying on the judgment of Dharamvir Singh v. Union of India, (2013) 7 SCC 316 it was held that benefit of doubt must be in favour of the applicant and his disease be considered as attributable to military service.

Since IMB had assessed applicant’s disability as 20 percent for two years, therefore, in view the judgment of Veer Pal Singh v. Ministry of Defence, (2013) 8 SCC 83, applicant’s case was recommended for the reassessment of further element of disability pension by Re-survey Medical Board, if any. The application was partly allowed holding the applicant entitled to disability pension at 20 percent for two years from the date of his discharge.[Satyendra Kumar Singh v. Union of India, 2019 SCC OnLine AFT 1029, Order dated 27-03-2019]

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Armed Forces Tribunal (AFT): The Bench of S.V.S. Rathore, J. and Air Marshal BBP Sinha; Members, dismissed an application claiming disability pension, on the grounds that the disease was neither attributable to nor aggravated by the military service.

In the present case, the original applicant (deceased) developed pain and swelling in his right thigh following an injury while doing the parade. The Categorisation Medical Board was held on 14-08-1964 at Military Hospital, Lucknow for the disability “Leomyo Sarcoma Right Thigh” and the applicant was placed in category CEE (temporary) for 6 months. On account of the said disability, grant of disability pension was sought for. The respondents filed a counter affidavit stating that the documents relating to the case were destroyed after the expiry of the period of retention i.e. 25 years and in the absence of a medical report, it is not possible to give any specific finding.

The Court opined that it was not in the position to accept that the disease of the applicant was either attributable to or aggravated by military service, primarily since, there was a substantial delay of 44 years and also because the reason as to why the disease could not be detected at the time of enrolment cannot be scrutinised to decide attributability.[Faquir Baksh Singh v. Union of India, Original Application No. 543 of 2017, Order dated 18-02-2019]

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Armed Forces Tribunal, Regional Bench, Lucknow: Hon’ble Justice DP Singh and Hon’ble Air Marshal BBP Sinha, pronounced an order in respect to an application being filed in regard to refusal to grant disability pension under Section 14 of the Armed Forces Tribunal Act, 2007.

The applicant was commissioned in the Indian Army in Corps of Electrical and Mechanical Engineering (EME). He was posted at Jabalpur when the annual medical examination took place in which he was subjected to Medical Board proceedings and was put under the category of “primary hypertension i-10”, when further the re-categorisation was held applicant was placed in Medical category P2 (Permanent). Release Medial Board opined that the disability was neither attributable nor aggravated by military service and assessed the disability to be 30% for life.

The question of attributability of disability was considered to be no longer “res integra”, by citing the case of Dharmvir Singh v. Union of  India, (2013) 7 SCC 316, and further the proposition of law stated in the cited case declared that the applicant’s disability is considered as “attributable to military service”.

Next, the question of rounding off of disability pension was settled by citing the case of Union of India v. Ram Avtar (CA No. 418 of 2012 ), which explained the ratio and helped in concluding the judgment by entitling the applicant to the benefit of “rounding off” of his disability element of pension from 30% to 50%.

The Tribunal concluded its order by stating that the applicant was enrolled in the Indian Army in a medically fit condition and was discharged from service in low medical category. Since the applicant entered in Military service in a medically fit condition, disability will be considered as attributable to military service. Therefore, respondents are directed to grant disability pension to the applicant @ 30% for life which shall be rounded off to 50% for life from three years prior to filing of the original application. [Bimal Kishore Charan v. Union of India, OA No. 277 of 2016, decided on 04-1-2018]