A claim for disability arises only if a person is invalided out of service because of his disability which is accepted as attributable or aggravated by his military service. any disability sustained during military service will be attributed to service conditions unless the disability was such that the disease could not have been detected on medical examination before a person has been selected for Defence Services.
The applicant is a retired Army officer. At the time of retirement he was found to be in low medical condition by the duly constituted Release Medical Board, but at the same time, the RMB that the Primary Hypertension in the applicant was ‘ Neither attributable nor aggravated by military service’ (NANA).
A claim for disability arises only if a person is invalided out of service because of his disability which is accepted as attributable or aggravated by his military service. Therefore, the applicant has been deprived of such pension as per the report if the Release Medical Board. He filed an appeal against this decision of the Board in Armed Forces Tribunal.
Also read: EX-SERVICEMEN CASE IN PUNJAB HARYANA HIGH COURT CHANDIGARH
The individuals that are placed in low medical category permanently and are foundto be not suitable for any alternative employment in their trade/ category suitable to their low medical condition could be provided with a Disability pension. An individual may submit two appeals against rejection of disability pension within six months from the date of the rejection of memo. The Pensions in the Armed forces are regulated by the Pension Regulation for the Army ( PRA), 1961, revised as PRA, 2008 , Pension Regulation for Air Force, 1961 and Navy (pensions) Regulation, 1964. It also deals with Entitlement Rules for Casualty Pensionary Awards, 2008.
Also read:Armed Forces Tribunal (AFT) Chandigarh Bench FAQ
Facts of the Case :
- The applicant was commissioned in the Indian Army on 24.08.1985. He was found to be medically and physically fit.
- The applicant superannuated from service on 31.05.2017.
- At the time of his retirement ,as he was found to be in low medical category, was bought before the duly constituted Release Medical Board that assessed the applicant’s disability as Primary Hypertension which is 30% for life.
- The Release Medical Board also held that the disability was ‘Neither attributable to nor aggravated by military service ’ ( NANA).
- The learned Counsel for the applicant contended that this matter was based on the decisions given by the Supreme Court in many other cases includingDharamvir SinghVs. Union of India and Ors (2013) 7 SCC 316, Unionof India and Ors. Vs Ranbir Singh (2015) 12 SCC 264.The claim of applicant is also supported by relevant rules.
- On the other hand, the applicant for the respondents contended that the applicant is not entitled to the claim as the RMB, being an expert body, has held that his disability is ‘neither attributable to nor aggravated by military service’.
Also read: Armed Force Tribunal Enhanced Pension Case
- Observations by the Armed Forces Tribunal :
After hearing the facts of the learned counsels on both the sides, the tribunal held that the present appeal case is similar to the ones stated above. In Dharamvir’s case the Supreme Court held that any disability sustained during military service will be attributed to service conditions unless the disability was such that the disease could not have been detected on medical examination before a person has been selected for Defence Services. The Court further stated that before arriving at the conclusion, the Release Medical Board must have stated the proper reasons in writing as to why the disability was not caused due to military service.
The matter was taken up by the Department of Expenditure, Ministry of Finance for consideration. It has laid down following important parameters for the grant of disability pension :
- The question that whether a disability is attributable to or aggravated by the military service is to be decided under Entitlement Rules for Casualty Pensionary Awards, 2008.
- A member is to be assumed to be in sound medical and physical conditions upon entering service if there is no record or note at the time of entrance. In the event of his subsequently being discharged from service on medical ground any deterioration in his health is tobe presumed due to service.
- If no note of any disability ordisease was made at the time of individual’s acceptance for military service, a disease which has led to individual’s discharge or death will be deemed to have arisen in the course of service.
- If medical opinion holds that the disease could not have been detected on medical examination prior to the acceptance for service, and that the disease will not be deemed to have arisen during service, the Board is required to state the reasons.
In this case, as per all the application,there is no doubt in the fact that the applicant was not suffering from any disease when he entered in the army services. The disability was detected only during the course of the Military Service.
Also read: Rounding of Disability Pension by AFT Tribunal
Judgment in the present appeal by the Armed Forces Tribunal :
In the present case, the RMB has denied the attributability ofthe disease to the military service on the ground that the disease was caused in the peace area and not in the field/ CI operations / HAA area. Thus the tribunal is of the view that the benefit of doubt in this case is in favor of the applicant. Thus, by considering the view of the Hon’ble Supreme court in Dharamvir’s Case, the tribunal has held that the disease is to be considered t be aggravated by the military service.
In light of all the above stated essentials, the tribunal sets aside the impugned order rejecting the claim of the applicant for disability pension and holds the view that he is entitled to disability element of disability pension from the date of superannuation from his service @ 30 % of life and it is to be broad banded to 50 % in light of the judgment of the Hon’ble Supreme Court in Union of India and Ors. Vs. Ram Avatar ( Civil appeal 418 of 2012) decided on 10.12.2014.
The respondents are directed to comply with the orders and implement this within four months after the receipt of a copy of this order. The failure to implement the order within the stated time period, the arrears shall include interest @ 6% per annum.
Also read: Dual Pension in Army & from State Government Rule
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