By The Tribunal:(Bhanwaroo Khan, J.)
1. The applicant Ratansingh, who was enrolled in the Indian Army on 28.11.1987 and was invalided out from service with effect from 13.9.1995, initially filed a writ petition before the Rajasthan High Court Bench at Jaipur, for grant of disability pension to him with effect from 13.9.1995, the date when he was invalided out from service, which stood transferred to this Tribunal for adjudication vide order dated 10th November, 2009.
2. The brief facts leading to this application are: that the applicant was enrolled in the Indian Army in 123 Inf Battalion on 28.1.1987 and was invalided out from service on 13.9.1995 after completing 7 years 10 months of service (inclusive of 4 years and 5 months embodied service and 3 years and 5 months unembodied service). The Invaliding Medical Board held on 20.2.1995 found that the applicant was suffering from two diseases viz., Hyper Metropia C Amblyopia Rt Eye and SN hearing loss (Rt) and composite disabilities suffered by the applicant were assessed at 50%, neither attributable to nor aggravated by his military service.
3. As per Regulation 173 of the Pension Regulations for the Army, 1961, an individual is entitled to receive disability pension provided he has been invalided out from service, having disability at 20% or above either attributable to or aggravated by his military service. In the reply to the application, it has been submitted by the non-applicants that the Invaliding Medical Board found that the disability suffered by the applicant is neither attributable to nor aggravated by his military service and as per Entitlement Rules, the disease Hyper Metropia is normally not connected with the military service, hence the Invaliding Medical Board has rightly categorized the disabilities suffered by the applicant as neither attributable to nor aggravated by his military service.
4. None present on behalf of the applicant. We have heard Mr. Veerendra Mohan, OIC Legal for the non-applicants and have carefully gone through the record of the case.
5. Mr. Veerendra Mohan, OIC Legal appearing for the non-applicants has highlighted the fact that as per Entitlement Rules, since the disease Hyper Metropia is not connected with the service, the applicant is not entitled to the disability pension.
6. It is an established fact that an individual is entitled to receive the disability pension if his disability is assessed as 20% or above and is attributable to or aggravated by military service. In the instant case, though the Invaliding Medical Board has found the composite disabilities suffered by the applicant to be 50% but it has held that the disabilities suffered by the applicant are neither attributable to nor aggravated by his military service. Even the Entitlement Rules clearly provides that the disability âhyper metropia is normally not connected with the military service. Thus, the Invaliding Medical Board has rightly described the disabilities suffered by the applicant as neither attributable to nor aggravated by his military service. In this view of the matter, the applicant is not entitled to receive disability pension.
7. Resultantly, this application fails and is hereby dismissed with no order as to costs.