Tribunals and CommissionsDivision Bench(2019) 09 AFT CK 0008

Nand Kishore 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. 1496 Of 2016

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Judgment

12 paragraphs · 214 words

Number of reliefs have been claimed in the present OA. However, counsel for the applicant submits that he is only pressing the relief for grant of

disability element of pension for disability 'Primary Hypertension' and does not press other reliefs.

Counsel for the applicant submits that Primary Hypertension was admitted by the respondents to be aggravated by military service and assessment of

the disability was 20%. However, the duration 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 Primary Hypertension was accepted as aggravated to military service and

assessment was @ 20%.

That being so, the OA stands allowed. The applicant is granted disability element of pension for disability Primary Hypertension @ 20% for two years

which be broadbanded to 50% from the date of his retirement.

The applicant is however at liberty to make a representation to the respondents for continuance of disability element of pension for 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.