Anil Kumar Kudipudi vs Union Of India And Others

M.A. No. 1248 of 2018:

Heard learned counsel for the parties on the point of delay. Delay of 3444 days in filing the OA has been explained by the applicant. Keeping in

view the averments made in the MA and finding the same to be bonafide and in the light of the decision in Union of India and others Vs. TarsemSingh

[2008 (8) SCC 6481 we allow the instant MA and condone the delay in filing the OA. However, in case the applicant succeeds in the matter, he will

be entitled to the arrears restricted to three years prior to the date of filing the OA.

MA stands disposed of accordingly.

O.A. No. 1278 of 2018:

The applicant, having been found medically and physicallyfit, was enrolled in the Indian Navy on 09.01.1989.

The applicant was released on 31.01.2009. The Release Medical Board (RMB) assessed the applicant's disability, 'PRIMARY HYPERTENSION'g

30%, but the disability was held as 'neither attributable to nor aggravated by military service' (NANA)'.

Learned counsel for the applicant contended that the instant matter is squarely covered by a catena of decisions of the Hon'ble Supreme Court

including Dharamvir SinghVs. Union of India and Ors.(2013) 7 SCC 316, Union of India and Ors.Vs. Rajbir Singh (2015) 12 SCC 264 and Union of

India and OrsVs.Angad SinghTitaria(2015) 12 SCC 257.Further, the claim of the applicant is also supported by relevant rules.

Per contra, learned counsel for the respondents contended that the applicant is not entitled to the relief claimed since theRMB, being an Expert

Body, found the disability ""Neither Attributable to Nor Aggravated by Military Service"".

Having heard learned counsel on both sides, we have noted that attributability to military service has been denied to the applicant by the RMB only

on the ground that this disease has originated in a peace area and not while being afloat (equivalent of field in Navy).We are not convinced by this

logic, we are of the opinion that military service has its inherent stress and strain and the same are present in peace area also. Thus, we are of the

opinion that the disability of the applicant, i.e. 'Primary Hypertension' @ 30% for life is to be considered as aggravated by military service in terms of

the law settled on attributability by the Honble Supreme Court in Dharamvir Singh's case (supra).

In light of the preceding paragraphs and essential parameters given aforesaid, we hereby set aside the impugned order rejecting the claim of the

applicant for disability pension and hold that he is entitled to disability element of disability pension from the date of his discharge @ 30% for life,

which 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 Avtar[Civil Appeal

418 of 2012] decided on 10th December, 2014.

Since the applicant has come to this Tribunal after a considerable delay, hence the arrears are restricted to three yearspreceding to the date of filing

of the OA i.e. 16.07.2018.

Accordingly, the respondents are directed to implement the order within a period of four months from the date of the receipt of a copy of this order,

failing which, arrears shall carry an interest @ 6% per annum.

The OA stands disposed of in the above terms with no order as to costs.

Pronounced in open Court on 7th July ,2020.