V.K. Thakur vs Union Of India And Others

MA 2572/2019

Vide this application, applicant seeks condonation of delay of 15 days in filing the RA.

In view of the averments made in the application, delay of 15 days in filing the RA in condoned. Same is taken on the record.

MA stands disposed off

RA 59/2019

Vide this application, the applicant-respondent seeks review of the order dated 10.05.2019 alleging therein that the applicant who was commissioned in

Indian Air Force on 07.12.1974 took pre mature separation from service at his own request on 15 12 1994. The Release Medical Board held in

respect of the applicant found him to be suffering from disability essential Hypertension which was recommended to be neither attributable to nor

aggravated by service. It is alleged in the application that the Tribunal in para 3 has observed that assessment of disability of applicant is less than

20%. However, the Release Medical Board proceedings reveal that composite assessment of the applicant's disability is 20%. It is alleged that this

fact escaped the attention of the Tribunal, hence there is error apparent on the face of the record which warrants review of the order.

Heard learned counsel for the parties and have perused the record. At the outset, we may mention that the grounds for review of an order are:

discovery of any new or important matter: (i.) error apparent on the face of the record; (iii) any other sufficient cause. As per the averments made in

the application, it is alleged by the applicant that there is an error apparent on the face of the record which warrants review of the order.

As regards para 3 of the order, where it is recorded that the disability has been assessed as less than 20%: para 3 of the order speaks about the

contents of the averments made in the OA and not the case set up by the respondents. Although, in the present application, it is alleged that the

composite disability assessed by Release Medical Board was 200/c and thus escaped the notice of the Tribunal, however, a perusal of counter

affidavit filed by the respondents goes to show that it was the case of the respondents themselves that the assessment of disability by the Release

Medical Board was 15-19 %. In the entire counter affidavit, the respondents themselves did not make any averment that composite assessment of

disability was 20% as opined by the Release Medical Board. Not only that, the claim of disability pension was denied by the respondents vide letter

dated 20.11.2017 and in this letter also, it was mentioned that since the disability was assessed at 15 to 19%, therefore, the applicant is not entitled for

disability pension. That being so, it was never the case of the respondents before the Tribunal that since the composite disability was assessed by the

Release Medical Board as 20%. therefore, the claim was denied only on the ground that the disability was neither attributable to nor aggravated by

service.

Under the circumstances, there no error apparent on the face of the record which warrants review of the order. That being so, the application is

devoid of merit and is dismissed.