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Judgment
The applicant, aggrieved of the impugned order dated 26th September, 2016, through the medium of the instant OA has made the following prayers:
(a) Quash and set aside the impugned letter dated 27 Sep 201G.
(b) Direct respondents to grant disability pension @ 30% and also rounding off the same from @30% to @ 50% for life to the applicant with effect
from 01 Apr 1994 i.e. the date of discharge from service with interest @ 12% p.a. till final payment is made.Direct respondents to pay the due arrears
of disability pension with interest @ 12% p.a. from the date of discharge with all the consequential benefits.
(c) Any other relief which the flonible Tribunal may deem fit and proper in the fact and circtunstances of the case.
The facts semione to the filing of the pmsent OA are that the applicant joined the Indian Air Force on 5th September, 1957, aftcr passing necessary
education and medical tests, wherein he was found and declared medically fit, The applicant, on attaining the age of superannuation, was discharged
fmm service with effect from 31 Si March 1994, after putting in more than thirty six years of service. On discharge., the Release Medical Board
assessed his disabilities ""(i) IHD (ISCHEMIC HEART DISEASE) and (ii) HYPERTENSION"" at the rate of thirty and twenty per cent respecfiveiy
for life, but neither attributable to nor aggravated by military service, The composite assessment was fixed at the rate of thirty per cent, This led to the
filing of the present OA.
The. submission of learned counsel for the applicant is that since the applicant was found mentally and physically fit at the. time of enrolment, which
fact is also admitted by the respondents, and did not suffer front Orly disease, he is entitled to disability pension. In support of his contention, learned
counsel has placed reliance on the decision of the Honlble Supreme Court in Dharamvir Singh Vs. Uniozi of india and Ors. (2013 7 SCC 3161.
Per contra, learned counsel for the respondents contended that the claim of the applicant for grant of disability pension was adjudicated by the
competent authority. However, after examining the details available in Medical Board records and also the factual position the same was rejected on
the grounds that it had no association with the stress and strain of military life, therefore, neither attributable to nor aggravated by military service.
We have heard learned counsel on both sides and have also gone though the documents available on record.
The disabilities, i.e., ""(i) IHINISCHEMIC HEART DISEASE) and (ii) HYPERTENSION"", at the composite rate of thirty per cent for two years
have been denied attributability on the ground that these arc constitutional diseases not connected with military service.We have noted that the first
disease lEID started in April 1989 after the onset of Hypertension in 1985. This disease is primarily caused by narrowing blood vessels and reduced
supply of blood to the heart. The risk factors for this disease are primarily hereditary, life style, obesity etc. However, we could not find stress and
strain as a direct contributory factor for this disease. The second disease, i,c., Hypertension first started in November 1985. This disease is a risk
factor for the first disease and there is evidence of this disease getting adversely affected by stress and strain military service. Thus considering all
issues ends of justice will be met if this second disease is considered a ravated by military service.
The OA is partly allowed. The second disability i.e. ""HYPERTENSION"" is to be considered as a ravated by military service. The RI'vlB is valid
for two years hence further entitlement of the disabilityelement will be subject to the outcome of the Re-survey Medical Board which the Ispondents
shall conduct within four months from the date of receipt of copy of this order. The applicant is already in receipt of service element. Ordered
accordingly.
The respondents are directed to comply with this order within four months from the date of receipt of a oppy of this order. In default it will carry
interest at the rate of eight per cent till the actual payment is made.
In view of the above, the instant OA deserves to be allowed, hence allowed in the aforesaid terms. No order as to costs