V.R. Srinivas vs Union Of India And Others

Aggrieved by the denial of disability element of pension, the applicant has filed the instant 0.A seeking the following reliefs:

(a) To direct the respondents to place all medical records including medical boards and Release Medical Board conducted by the respondents for the

perusal of the court.

(b) To quash the letter dated 22.08.2017 and letter dated 20.03.2018 denying disability pension to the applicant.

(c) To direct the respondents to grant disability pension to the applicant from i.e. 01.08.2017 in view of the above mentioned circumstances and the

settled law with regard to grant of disabilities pension.

(d) To grant the broad banding of disabilities pension as per the Larger Bench in Ex Sgt Girish Kumar O.A. No. 1439/2016 and UOI v Ram Avtar

Civil Appeal no. 418 of 2012.

(e) To direct the respondent to pay 12% interest on the arrears of pension and other benefits.

(f) To grant such other relief appropriate to the facts and circumstances of the case as deemed fit and proper.

The facts of the case, in brief, are that the applicant was commissioned in the Indian Air Force on 14.06.1985 and was retired on 31.07.2017 in low

medical category after rendering more than 32 years of service. The Release Medical Board (RMB) assessed his disabilities ( ) ""RENAL CELL

CARCINOMA (RT) (OPTD) (D 30.0)"" © 20% for life and (ii) ""PRIMARY HYPERTENSION(I10.0)"" @ 30% for life. The composite

assessment of both disabilities was 40% for life. However, the RMB opined that the diseases of the applicant were neither attributable to nor

aggravated by military service (NANA). His claim for disability pension was rejected vide letter dated 22.08.2017. Thereafter the applicant filed first

appeal on 21.11.2017 which was also rejected by the competent authority vide order dated 20. 03.2018. Hence the instant O.A.

Learned Counsel for the applicant submitted that the applicant was medically fit when he was commissioned in service and no disability was

recorded at the time of his commissioning. Therefore all disabilities of the applicant have been acquired during military service. In this regard, he relied

on the decision of the Honible Supreme Court in Dharamvir Singh v. Union of India and others (2013) 7 SCC 316 and pleaded for the disabilities to be

considered attributable to or aggravated by military service. He prayed for disability pension @ 40%, broad banded to 50% for life.

On the other hand, learned counsel for the respondents submitted that though the RMB had assessed the disabilities of the applicant composite @

40% for life, it opined that the disabilities are NANA. As such applicant's claim for disability pension has rightly been rejected by the respondents. He

submitted that the instant 0.A does not have any merit and the same is to be dismissed.

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

disabilities of the applicant are attributable to or aggravated by military service?

We have noted that reason for denying attributability is that the onset of both the diseases is in peace area and not in Fd/HAA/CI area. We don't

agree with this logic because stress and strain of military service is not limited to Field/HAA/CI Areas only. Stress and strain of military service is

intrinsic to military service, hence stress and strain of military service is present in peace areas also. Therefore, in this case, we are of the opinion that

benefit of doubt goes in favour of the applicant. Hence, both the disabilities of the applicant i.e (i) ""RENAL CELL CARCINOMA (RT) (OPTD)' and

(ii) ""PRIMARY HYPERTENSION"" are to be considered as aggravated by military service in line with the law settled on this matter by the Hon'ble

Apex Court in the case of Dharamvir Singh (supra). Additionally, the applicant will also be eligible for the benefit of rounding off from 400/c to 50%

for life from the date of discharge in terms of the decision of Hon'ble Supreme Court in Union of India and others v. Ram Avtar (Civil Appeal No 418

of 2012 dated 10.12.2014).

Resultantly, the 0.A is allowed. The impugned order is set aside. The applicant's both disabilities i.e. 'Renal Cell Carcinoma (Rt) (Optd)' and

'Primary Hypertension' are to be considered as aggravated by military service. The applicant is entitled to disability element of disability pension ©

40% for life, which shall be broad banded to 50% for life from the date of his discharge from service i.e. 01.08.2017. Ordered accordingly. To be

implemented by the respondents within four months from the date of receipt of a copy of this order. Default will invite interest © 6% per annum.

No order as to costs.

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

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