Devendra Singh vs Union Of India And Others

The applicant through the medium of the instant OA has made the following prayers:

a) Quash and set. aside the impugned letter No JC 569796/DI"" dated 07.04.2015, and/or

b) Direct respondents to treat the disability PARKIN SONS as attributable, to or aggravated by military service and grant disability pension to the

applicant, and/or

c) Direct respond_enks to grant rounding off/broad band* benefits by making it @, 60% in terms of Govt of India, Min of Defence letter No. I

(2)/7/D(Pen-C) dated 31.01.2001 and law settled by Hon'ble Supreme Court in Civil Appeal Na418/2012 titled UO1 8c Ors v. Ram Avtar vide

judgement dated ] 0,12..2014, and/or

d) Direct responcicnis to pay the due arrears of disability pension with interest 12% pa from the date of his discharge.

e) Any other relief which the Hon'ble Tribunal may deem fit and proper in the fact and circumstances of the case.

The applicant was enrolled in the Indian Army on 21st December, I98.7„ after going through a thorough medical examination, wherein he was

found medically fit. He was discharged from service with effect from 31st March, 201 5 after putting in twenty seven years and three months service

in low medical category lower than Shape-1. The Releaase Medical Board held on 31.11 December, 2014 assessed his disal3ility""13ARKINSON'S

at the rate of 15-19 per cent for life; neither attributable to nor aggravated and also not connected with military service. It is in these circumstances

that the applicant has preferred the present OA.

The learned counsel for the applicant has contended that since the applicant was found mentally and physically fit at the time of enrolment and

there is no mention in his service documents that the applicant was suffering from any disease, he is entitled to disability pension. In support of his

contentions, learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in Dharamvir Sitish Vs. Union of India and [(2013 7

SCC 316J.

On the other hand, learned counsel for the respondents contended that the claim of the applicant for grant of disability pension was adjudicated by

the competent authority. However, the same was rejected on the grounds that the disability, viz. ""Parkinson's Disease"", as recorded in Release

Medical Board proceedings, is degenerative not connected with military service and assessed at 15-19 per cent (less than twenty per cent), is neither

attributable to nor aggravated by military service, therefore, the applicant is not entitled for disability pen sionin terms of Regulation I 73 and 179 of

Pension Regulations for the Army .1961 (Fart- I),

We have heard learned counsel on both sides and have also gone though the documents available on record.

The only questions which need our consideration are (0 as to whether the disease Parkinson's of the applicant is attributable to or aggravated by

military; and (ii) the claim of the applicant for disability pension could be considered even though assessed at less than twenty per cent.

So far as percentage is concerned, as per Para 4 of Chapter 1V of the Entitlement RulesFor Casualty Pensionary Awards,. 1982, when any one is

discharged from service in a low medical category, he is to be treated as invalidated out of service. The relevant extract is as follows:

Invaliding from service is a necessary condition for grant of a thsabiliOr pension. An individual who, at the time of his release under the release

Regulations is in a lower medical category that that ill w.hich he was recruited wiff be Imirted as invalideed Arial SarViCa ICOSIOrS & equivalenL,.

in other services who am placed permanently in a medical category other than 'A' and air discharged bemuse no alternative employment suitable to

their low medical category can be provided, as well as those who having been retained in alternative employment but are discharged Afore Ilw

completion of their engagement will be deemed to have been invalidated out of service,

This is a case where applicant was discharged because his sheltered appointment was withdrawn. Thus the case of the applicant is deemed to be a

case of invalidation. Since it is a case of invalidation the disability percentage cannot be less than twenty per cent as per the law settled by Hon'bIe

Apex Court in tile case of Sulchvinder Singh Vs. Union of India and Ors, 1(2014) 14 SCC 4J. Hence, the disability of fifteen to nineteen per cent as

given by the medical board is to be deemed as twenty per cent.

As far as atiributability is concerned, it is well known that this disease is linked genetic and environmental factors. This disease is also linkedto

advancing age.However, learned counsel for the applicant has placed on record medical evidence indicating that stress can cause early onset of

Parkinson's disease and as per Northwestern Medicine study ""Stress has a major role in Farlanson's disease, because it seems that exhausted neutons

die prematurely and tri er the symptoms of the disease. Stress is what makes us age L'isier and become more sensible to viruses and bacte.ria around

us, and it looks like it is doing the exact same thing to our neurons. The team of researchers carried out some tests that showed that dopamine

releasing neurons in an area of the brain called the substaritiagra, in stressed out people have a lifestyle that needy lots of energy."" Therefore,

considering this report and the fact that as per Medical Board the onset of disease has been in a CI area in ,j&K in July 2010 therefore, we arc of the

opinion that benefit of doubt in this case should go in the favour of the applicant. Hence in the interest of justice, we would treat this disease as

a.v.,ravated by military service.

So far as the rounding off is concerned, in the light of the decision of the Hon'ble Supreme Court in the case. of Union of India and Ors. 17sRam

A vtar and Ors. (Civil Appeal NoA18 of 2012 decided on 10th December, 2014) and Sukhirki cter Singh (supra), we are of the considered opinion that

the applicant is entitled to the benefit of rounding off from twenty per cent to fifty per cent for life with effect from the date of his discharge from

service,i.e., 3151 March, 2015. The respondents are directed to comply with this order within four months from the date of receipt of a copy of this

order. In default it will carry interest at the rate of eight per cent fill the actual payment is made.

In view of the above, the instant OA deserves to be allowed, hence allowed. No order as to costs.