Articles

Ex. Recruit also Entitled for Disability Pension

The Hon'ble AFT Jaipur held that Ex.Recruit also entitled for disability pension wef. date of invalid out...

 

IN THE ARMED FORCES TRIBUNAL, REGIONAL

BENCH, JAIPUR [RAJ.]

: ORDER :

PYARE LAL VERSUS UNION OF INDIA

 & OTHERS

ORIGINAL APPLICATION NO. 711 OF 2012

Under section 14 of the Armed Forces Tribunal Act, 2007.

:::

DATE OF ORDER ::: NOVEMBER 10, 2014

:PRESENT:

HON’BLE DR. JUSTICE (MRS.) MEENA V.GOMBER, MEMBER (J)

HON’BLE LT GEN V.K. AHLUWALIA, MEMBER (A)

Mr. O.P. Sheoran, counsel for the applicant.

Mr. Tez Prakash Sharma counsel for respondents.

 

BY THE TRIBUNAL:

The applicant No.15108302H Ex Rect Pyarelal has filed this

application under section 14 of the Armed Forces Tribunal Act, 2007

for grant of disability pension with effect from 12.01.1987, the

date when he was invalided out of service.

The brief facts giving rise to this application are: that the

applicant Pyarelal was enrolled in the Indian Army on 24.12.1986

and was invalided out of service on 12.01.1987 in medical category 2

EEE(E). At the time when he was invalided out of service, the

applicant was subjected to Invaliding Medical Board, the Invaliding

Medical Board assessed his disability ‘Tubercular Axillary

Lymphydinitis 017(A) at 100% for one year and viewed the same as

aggravated by Military service. Accordingly, the applicant’s claim for

grant of disability pension was forwarded to the Principal Controller

of Defence Accounts (Pension) Allahabad, who vide his letter

No.,G3/87/3818/11 dated 16th June 1987 rejected the claim of the

applicant by stating that the disability suffered by the applicant is

neither attributable to nor aggravated by military service and that it

existed before entering the military service and has resultantly

aggravated later. Hence this application.

The respondents filed a detailed reply to the application and

have submitted that since the Medical Advisor viewed that the

disability suffered by the applicant is neither attributable to nor

aggravated by military service, the applicant has been rightly

denied disability pension.

We have heard Mr. O.P.Sheoran, the learned counsel for the

applicant and Mr. Tez Prakash Sharma, the learned counsel for the

respondents and have carefully gone through the record of the

case.

A bare perusal of the record reveals that the Invaliding

Medical Board assessed the disablement of the applicant at 100% 3

for one year and viewed the same as aggravated by military service

but when the case was sent to Principal Controller of Defence

Accounts (Pension) Allahabad for grant of disability pension, the

Medical Advisor posted in the office of Principal Controller of

Defence Accounts (Pension) Allahabad viewed the disablement of

the applicant as neither attributable to nor aggravated by military

service. The law is well settled that if the Medical Advisor posted in

the office of the Principal Controller of Defence (Accounts) does not

assign any just and valid reasons or grounds for taking a different

view than the view expressed by the Release/Invaliding Medical

Board consisting of three expert Doctors of the subject, the opinion

expressed by the Medical Advisor (Pension) will not override the

opinion expressed by the Release/Invaliding Medical Board.

Reference in this connection may be made to a decision of this

Tribunal in Lakhusingh Chauhan Vs. UOI & Ors, T.A. No. 247 OF

2009, decided on 1.9.2010. Hence, the applicant’s disablement is

held to be aggravated by military service. As a result thereof, the

applicant is entitled to disability pension. Since the applicant was

invalided out of service on 12.01.1987 and the present application

has been filed on 09.07.2013, we deem it just and proper to grant

disability pension to the applicant three years prior to the date of

filing of this application i.e. from 09.07.2010. Further, as the

percentage of disablement suffered by the applicant was assessed 4

at 100% for one year, we deem it just and proper that the

respondents shall be free to subject the applicant for Resurvey

Medical Board, if they so desire.

Accordingly, this application is allowed and the respondents

are directed to grant disability pension to the applicant with effect

from 09.07.2010. The arrears of disability pension be granted to the

applicant within three months from the date of this order with

interest at the rate of 8% per annum. The respondents shall be at

liberty to subject the applicant to Resurvey Medical Board, if they so

desire and to take appropriate action as per Rules with effect from

the date of holding Resurvey Medical Board keeping in view its

recommendations.

In the facts and circumstances of the case, the parties are left

to bear their own costs of this application.

[Lt Gen V.K. Ahluwalia] [Justice Meena V. Gomber]

 Member (A) Member (J)