Soumya Prakash Pany vs Union Of India And Others

MA 2030/2018

By way of the instant application, the applicant seeks condonation of delay of 153 days in filing the present O.A. Since sufficient cause has been

shown in the Application, delay of 153 days is condoned and the MA stands allowed.

OA 1827/2018

1 Having been found medically and physically fit, the applicant, who joined the Indian Navy on 02. 02.2002 discharged from service on 28.02.2017

(AN.) after rendering 15 years and 27 days service and in receipt of service pension. The Applicant was subjected to examination by Release

Medical Board and found him suffering from ""PRIMARY HYPERTENSION, [and as a result, the applicant categorized as ""S2A2(PMT) ], which

was assessed by the RMB @ 30% for life but treated it as Neither Attributable to Nor Aggravated (NANA) by military (Navy) service, now seeks

disability pension.

2 Learned counsel for the applicant contended that the instant matter is squarely covered by a catena of decisions of the Hontle Supreme Court

including Dharamvir Singh Vs. Union of India and Ors. (2013) 7 SCC 31,6 Union of India and Ors. Vs Rajvir Singh (2015) 12 SCC 26 4and Union of

India and Ors Vs. Angad Singh Titaria, (2015) 12 SCC 257. Further, the claim of the applicant is also supported by relevant rules.

Per contra, learned counsel for the respondents contended that the applicant is not entitled to the relief claimed since the Release Medical Board,

being an Expert Body, found the disability ""Neither Attributable to Nor Aggravated (NANA) by Military (Navy) Service"".

4 Having heard learned counsel on both sides. we are of the view that the case on hand is squarely covered by the decisions referred to herein above.

In Dharamvir Singh (supra) the Hon.ble Supreme Court held that any disability sustained during the course of Military Service will be attributed to

service conditions unless the disability was such that the disease could not have been detected during medical examination before a person is selected

for Defence Service and furthermore before arriving at a conclusion. The Release Medical Board should have assigned reasons, in writing, that the

disability was not due to Navy Service. There is no dispute with regard to the fact that when the applicant entered into service, he was not suffering

from any disease and that the disability in question was detected/sustained only during the course of his Navy Service. 5. The issue of implementation

of orders of the Hon'ble Supreme Court in the matter of Dharamvir Singh (supra) in respect of Armed Forces Personnel in NANA cases was taken

up with the Department of Expenditure. Ministry of Finance for consideration. Accordingly, Ministry of Defence vide their letter dated 29' June, 2017

sent to the Chief of Staff of Army, Navy and Air Force for implementation of the orders of Hontle Supreme Court, has laid down the following

essential parameters for allowing disability pension:

The question whether a disability is attributable or aggravated by military service is to be determined under ""Entitlement Rules for Casualty Pensionary

Awards 1982.

Il. A member is to be presumed in sound physical and mental condition upon entering service if there is no note or record at the time of entrance. In

the event of his subsequently being discharged from service on medical grounds any deterioration in his health is to be presumed due to service.

If no note of any disability or disease was made at the time of individual's acceptance for military service, a disease which has laid to an individual's

discharge or death will be deemed to have arisen in the service.

IV. If medical opinion holds that the disease could nOt have been detected on medical examination prior to the acceptance for service and that

disease will not be deemed to have arisen during service, the medical board is required to state the reasons.

In the light of the preceding paragraphs and essential parameters given aforesaid, we hereby set aside the impugned order rejecting the claim of the

applicant for disability element of disability pension and hold that he is entitled to the same from the date of his release (01.03.2017) at the rate of 30%

for life, which is to be broad banded to 50% for life in the light of the judgment of the Hon'ble Supreme Court in Union of India and Ors. Vs Ram

Avtar decided on 10' December, 2014.

7 The respondents are directed to release the arrears within a period of six months from the date of receipt of a copy of this order, failing which the

arrears shall carry interest at the rate of eight per cent per annum till the actual date of payment.

The O.A. stands disposed of in the above terms with no order as to costs.