Subhash Chander Yadav vs Union Of India And Others

S NO.,Disability (ies),Reason(s)

(i),Primary Hypertension,"ID is familial and is likely to be a

consequence of an interaction between

environmental and genetic factors Therefore,

the ID is not attributable to military service.

The onset of the ID was in peace station and

after onset you served in peace station till

your release from service. There is no close

time association with service in

Fd/ClOps/HAA. Hence, RMB has

appropriately held the disability as neither

attributable to or aggravated by military

service as per Para 43, Chap VI GMO 202

amendment 2008.

as to why this disease has been declared as NANA. In such circumstances, we are of the view that the benefit of doubt goes in favour of the",,

applicant. Therefore, in the light of the decisions in Dharamvir Singh v. Union of India and others (2013) 7 SCC 316, Sukhvinder Singh v. Union of",,

India and others (2014) 14 SCC 364, Union of India and others v. Angad Singh Titarla (2015) 12 SCC 257 and Raibir Singh (supra), the applicant's",,

disability 'Primary Hypertension' is to be considered as aggravated by service.,,

The respondents have indicated that composite disability of the applicant could be assessed g 60% for life for the three IDs (i) Volar Barton's,,

Fracture (Lt) Wrist, (ii) Cervical Spondylosis and (iii) Primary Hypertension. Further, the issue regarding rounding off/broad banding of the disability is",,

squarely covered by the decision in Union of India and others v. Ram Avtar (C.A No. 418 of 2012 decided on 10.12.2014). As such, the applicant is",,

liable to be granted disability element of pension for composite disability @ 60%, which can be broad banded to 75% from the date of release of the",,

applicant from service.,,

In view of what has been stated above, we set aside the impugned orders dated 13.10.2014 and 14.07.2016 passed by the respondents. The",,

applicant is entitled to disability element of pension © 60% (composite) for life, which would stand broad banded to 75% for life from the date of his",,

discharge from service i.e. 30.06.2013. The arrears of disability element shall, however, be restricted to three years before the date of filing this 0.A",,

i.e. 09,05.2017. The respondents are further directed to give effect to this order within four months from the date of issue of this order, otherwise",,

interest @ 8°/0 per annum will have to be paid to the applicant. We make it clear that disability element of pension already received by the applicant,,

shall be deducted/adjusted from the final calculated amount.,,

The 0.A stands disposed of accordingly. No order as to costs.,,