R Ravi vs Union Of India And Others

Vide separate order pronounced today, OA is dismissed.

Counsel for the applicant makes an oral prayer for grant of leave to appeal under Section 31 of the Armed Forces Tribunal Act. 2007. However, he

has not been able to point out any substantial question of law of general public importance involved in the matter which warrants grant of leave to

appeal.

Accordingly, request for leave to appeal is declined.

Being aggrieved by denial of disability pension, the applicant has filed the present Original Application under Section 14 of the Armed

Forces Tribunal Act, 2007 wherein he has sought the following reliefs:-

(a) Set aside the impugned order dated 12.10.2017 passed by the Respondents;

(b) Direct the Respondents to treat the invaliding disability, namely OLNAR NEURITIES (LT) ELBOW', with which the Applicant is suffering

as either Attributable to or Aggravated by military service:.

(c) Direct the Respondents to grant disability pension to the Applicant w.ef 24.12.1988 when he was invalided-out from the service on

account of 'ULNAR NEURITIES (LT) ELBOW'.

(d) Direct the Respondents to pay disability pension to the Applicant @ 50% (20% rounded-off to 50%) w.ef 24.12.1988 by rounding off

the Applicant's disability from 20% to 50%;

(e) Issue such other order/direction as may be deemed appropriate in the facts and circumstances of the case.

Brief facts of the case are that the applicant was enrolled in the Indian Navy on 05.01.1983 and was invalided out of service on 23.12.1988 in low

medical category as 'Invalided out physically unfit for a service' (IPUNS). The Invaliding Medical Board (IMB) held at INNS, Asvini on 13.10.1988

assessed his disability, `Ulnar Neuritis (Lt) Elbow' ©20%, for two years and considered the disease as neither attributable to nor aggravated by

military service (NANA). The applicant's claim for grant of disability pension was rejected by the respondents vide order dated 06.09.1989. The

applicant preferred first appeal against rejection of disability which was also rejected vide order dated 12.10.2017, being time barred. Hence, the

instant Original Application.

Learned Counsel for the applicant submitted that the applicant was medically fit when he was enrolled in Indian Navy and any disability not

recorded at the time of enrolment should be presumed to have been caused subsequently. The action of the respondents in denying disability pension

to the applicant is illegal. In this regard, he relied on the decisions of the Hon'ble Supreme Court in Dharamvir Singh v. Union of India and others,

(2013) 7 SCC 316 and Union of India & Another Versus Rajbir Singh (Civil Appeal No. 2904 of 2011, date of decision 13.02.2015) and submitted that

for the purpose of determining attributability of the disease to military service, what is material is whether the disability was detected at the time of

enrolment and if no disability was detected at that time, then it is to be presumed that the disability arose while in service, therefore, the disability of the

applicant is to be considered attributable to or aggravated by service and he is entitled to get disability pension ©20% and the same is to be broad

banded to 50%.

On the other hand, learned counsel for the respondents submitted that though the IMB had assessed disability of the applicant @20%, it has opined

that the disability is NANA because the applicant suffered injury while on Annual Leave. As such his claim for disability pension has rightly been

rejected by the respondents. He pleaded for dismissal of the OA.

Having heard the learned counsel for both the parties and perused the records, the only question that needs to be answered is, whether the disability

of the applicant is attributable to or aggravated by military service?

On perusal of the medical records it is noted that the applicant suffered the disability 'Ulnar Neuritis (Lt) Elbow' when he fell from Bullock cart

while on Annual Leave and the applicant also refused for the surgery. Therefore, the injury sustained by the applicant has no relation to the service

and the disability was opined as NANA. Moreover, every disease suffered by service personnel can't be considered as attributable to military service

as claimed by the applicant in terms of the judgement of Hong)le Supreme Court in the cases of Dharamvir Singh V. Union of India and others, (2013)

7 SCC 316 and Union of India & Another Versus Rajbir Singh (Civil Appeal No. 2904 of 2011, date of decision 13.02.2015). Thus, the applicant failed

to make out his case for grant of disability pension.

In view of the above, we are of the opinion that since it is a case of injury suffered while on annual leave, i.e., fall from Bullock Cart, hence there is

no casual connection between the injury and military service. Hence we agree with the opinion of IlvlB that the disease is NANA. The O.A. is,

therefore, devoid of merit and deserves to be dismissed. It is accordingly dismissed.

No order as to costs.

Pending application(s), if any, also stand disposed of.

Pronounced in the open court on 17th March, 2020.