Ex. Sgt. Dhup Singh Rana Vs. Union of India and Others - Court Judgment

GhanshyamPrasad

This case has been received on transfer from Honble Punjab and Haryana High Court and it has been treated as application under Section 14/15 of the Armed Forces Tribunal Act, 2007.

This application has been filed for grant of disability pension and benefit of “rounding off”.

The petitioner joined the Indian AIR FORCE on 18-04-1981. At that time he was found medically fit. During service while doing practice for participation in the wresting competition, he suffered an injury and was down-graded to medical Category BEE (P). Ultimately, he was retired from the Air Force w.e.f. 30-04-2001 on medical ground after rendering 20 years of service. At that time, he was brought before the Release Medical Board and was diagnosed as a case of “TEAR OF ANTERIOR CRUCIAL LIGAMENT (RT) KNEE”. According to the petitioner, his percentage of disability was assessed as 40% by the Medical Board. The petitioners claim for disability pension was rejected by the competent authority on the ground that his disability was found as neither attributable to nor aggravated by military service. This fact was conveyed to the petitioner by respondent No.4 vide letter dated 26-03- 2003 (Annexure P-1). The appeal preferred against that rejection was also dismissed by the Appellate Authority vide Annexure P-2. Thereafter, a legal notice was served, but of no avail. Hence this application.

Reply has been filed on behalf of the respondents, which is on the record.

It is averred in para 4 of the reply that the petitioner was discharged from Air Force on 30-04-2001. At that time, the Release Medical Board was held and the Medical Board recommended his disability as 20% for the said injury which was held as neither attributable to nor aggravated by Air Force service. However, the proceedings of the Release Medical Board are not brought on record by either of the parties.

Heard the learned counsel for both the parties.

In course of the submissions, it is submitted by the learned counsel for the petitioner that the petitioner was medically fit in all respects when he was enrolled in the Air Force. At the time of entry into service, no Note with regard to the aforesaid disease was recorded by the Medical Authority. It is further submitted that the petitioner suffered the aforesaid injury in the course of service while on duty. Therefore, it is deemed to be attributable to and aggravated as a result of Air Force service. It is further submitted by the learned counsel that since the percentage of disability of the petitioner at 20% as assessed by the Release Medical Board has been admitted by the respondents in the written statement, he is entitled to get disability pension as per paragraph 153 of Pension Regulations for the Air Force from the date of his retirement.

It is further submitted by the learned counsel that the petitioner is also entitled to the benefit of “rounding off” as per Govt. of India letter dated 31-01-2001 as well as the decision dated 4-08-2010 rendered by one of the Benches of this Tribunal in OA No. 329 of 2010 (Lt. Gen. Vijay Oberoi vs UOI and Ors) and the latest decision of Apex Court dated 31-03-2011 in Civil Appeal No. 5591 of 2006. (K.J.S. Buttar vs UOI and ors).

On the other hand, the main objection raised by the learned Counsel for the respondents is that since the disability of the petitioner was found as neither attributable to nor aggravated by the Air Force service he is not entitled to get disability pension and the benefit of “rounding off”. However, they have admitted the percentage of disability as 20%.

Considered the submissions of the learned counsel for both the parties and perused the documents on record as well as the decisions referred to above.

This Bench in number of cases has already held that the disability having arisen in the course of service while taking part in game is deemed to be attributable to or aggravated by military service. The percentage of disability at 20% has been admitted in the written statement. Thus, apparently, the petitioner is entitled to disability pension for 20% disability from the date of his discharge. He is also entitled to get the benefit of “rounding off” of disability element in terms of para 7.2 of the Ministry of Defence letter dated 31-01-2001.

Accordingly, this application is allowed. The respondents are directed to assess and release the disability pension in favour of the petitioner @ 50% disability against 20% by giving the benefit of “rounding off” from the date of his retirement i.e. 30-04-2001 within six months from the date of receipt of this order.