Tribunals and CommissionsDivision Bench(2019) 09 AFT CK 0001

Achal Singh Sirohi vs Union Of India And Others

Armed Forces Tribunal · Decided on 12 September 2019

HON’BLE JUDGES
Sunita Gupta, J · Philip Campose, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1690 Of 2017

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Judgment

12 paragraphs · 204 words

Vide this OA, the applicant claimed disability element of pension of disability pension.

Counsel for the applicant submits that the disability 'LUMBAR SPONDYLOSIS' was admitted by the respondents to be aggravated due to stress and

strain of military service and the assessment of the disability was it 30%. However, the dura Lion of the disability was two years. As such, it is

submitted that he be granted relief to make representation for grant of disability element for this disability for future period as well.

Counsel for the respondents does not dispute the fact that the disability 'Lumbar Spondylosis' was accepted as aggravated due to stress and strain of

military service and assessment was @ 30%.

That being so, the OA is allowed.

The applicant is granted disability element of pension for the disability suffered by him (a 30% which be broad-banded to 50% for two years from the

date of his retirement. For subsequent years, the applicant is at liberty to make representation for continuance of disability element of pension for the

said disability.

In case such a representation is made, the respondents shall dispose of the representation as per the existing rules within a period of three months.

OA stands disposed of accordingly.