Jayant M Joshi vs Union Of India And Others

Counsel for the applicant submits that he does not want to file rejoinder. He further submits that although at the time of discharge from service, he

was suffering from three disabilities. However, he is confining his relief to the first disability, i.e. ID(i) CAD(IVVMI) POST PTCA STENT TO RCA

(OLD) and submits that his case is covered by number of judgments. He be granted disability element of pension with the benefit of broad banding.

Counsel for the respondents admits that the first disability is covered by number of judgments and as such appropriate order may be passed.

Vide separate order, OA stands disposed off.

The applicant by way of this OA seeks the following reliefs:

a) Quash and set aside the impugned letter No. Air HQ/ 99798/ 3567/Dis/O/DAV-1 (B) dated 10.07.2018.

b) direct Respondents to treat the disability of the applicant as attributable to or aggravated by military service and grant disability element of pension

with benefits of broad banding/rounding off the same, and/or

c) Direct respondents to pay the due arrears of disability element of pension with interest @ 12% p.a. from the date of retirement with all the

consequential benefits.

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

Having been found medically and physically fit, the applicant, who joined the Indian Air Force on 7th January, 1980, was discharged from service on

281h February, 2015, in low medical category (i) ""CAD (IWMI) POST PTCA STENT TO RCA (OLD), (ii) EOSINOPHILA and (iii)

PSEUDOPHAKIA (BE)"" disability of which was assessed at thirty per cent; one to five per cent and fifteen to nineteen per cent respectively,

composite assessment, fifty per cent for life, treating it neither attributable to nor aggravated by military service, by Release Medical Board. 3. At the

very outset learned counsel for the applicant made a statement that although at the time of discharge from service the applicant, as aforementioned,

was suffering from three disabilities, however now he is confining his relief qua first disability only, i.e. ""CAD (IWMI) POST PTCA STENT TO

RCA (OLD). Learned counsel for the applicant further contended that the instant matter is squarely covered by a catena of decisions of the Hon'ble

Supreme Court including Dharamvir Singh Vs. Union of India and Or. (2013) 7 SCC 31,6 Union of India and Ors. Vs. Rajvir Singh (2015) 12 SCC

264 and also supported by relevant rules.

On the statement made by learned counsel for the applicant restricting his relief to first disability, i.e., ""CAD (IWMI) POST FTCA STENT TO

RCA (OLD), learned counsel for the respondents admitted that the claim of the applicant is covered by number of judgments and, therefore,

appropriate orders may be passed.

In view of the statements made at the Bar by learned counsel for the parties and the law settled by Hon'ble Supreme Court in the case of

Dharamvir Singh (supra), we consider this disease ""CAD (IWMI) POST PTCA STENT TO RCA (OLD)"" as aggravated by military service

primarily because we don't agree with the opinion of the Release medical Board that the disease is NANA because it originated at a peace station.

We are of the opinion that stress and strain of military service is present in peace stations also. Additionally we are of the opinion that the applicant is

eligible for the benefit of broad banding from thirty per cent to fifty per cent in light of the Hon'ble Supreme Court judgment in the case of Union of

India and Ors. Vs. Rum (Civil Appeal No 418 of 2012 decided on 10.12.2014). However, as far as other two disabilities, i.e., EOSINOPHILA and

PSEUDOPHAKIA (BE) are concerned, after considering the nature of these two disabilities and all other relevant issues in totality, we are in

agreement with the opinion of the Release Medical Board declaring the diseases as NANA.

In this view of the matter, the O.A. is partly allowed. The disability of the applicant ""CAD (IWMI) POST VIVA STENT TO RCA (OLD)"" is held

to be attributable to military service. The applicant is entitled to the benefit of broad banding from thirty per cent to fifty per cent for life from the date

of discharge. However due to law of limitations as settled by the Hon'ble Supreme Court in the case of Shiv Dass Vs. Union of India and Ors. [

(2007) 9 SCC 2741, the arrears of disability element are restricted to three years prior to the date of filing of this O.A. The O.A. was filed on 14th

November, 2018. This order is to be implemented within four months of receipt of a certified copy of this order. Default will invite interest at the rate

of eight per cent from due date till actual date of payment.

No order as to costs.