Lt Col. Rs Panwar (Retd.) v. Union Of India & Ors.

15.12.2015 Petitioner was enrolled in the Indian Army on 25.09.1976 and was commissioned as SL Officer on 17.04.1993. At the time of his initial recruitment, he was examined by a Board which did not find him suffering from any disability.

2. Subsequently in the year 2000, the petitioner was admitted in hospital due to heavy nose bleeding and was examined by a Board and was placed under Low Medical Category permanently after medical evaluation. However, he was not invalidated from the service and continued to serve till 31.07.2014 when he superannuated. His grievance is that he has not been granted disability pension by the respondents.

3. The contention of the petitioner is that petitioner was found to be suffering from Primary Hypertension and Type-II Diabetes. The Board had recorded that this was not attributable or aggravated by military service and the petitioner was serving in a Peace Station. This in fact is the stand of the respondents that he was serving in a peace station and had no causal connection with any service in field area. Therefore, the disability has no connection with the stressful environment associated with field area.

4. We have heard the learned counsel for the parties.

5. The controversy raised in the petition is no longer res integra as the as the apex court in Dharamvir Singh Vs. UOI & Ors ( 2013)7 SCC

316 has laid down

a) the Medical Board is required to indicate if any disease was present at the time of initial recruitment;

b) in case the Medical Board does not indicate the disease at the time of recruitment, then the Release Medical Board must make a note that this disease could not have been detected at the time of initial recruitment. The Board is required to give reasons for the same.

6. Perusal of the report of the Medical Board does not make any such mention. Neither has the disability been detected at the time of initial recruitment nor is there any note appended by the Medical Board that such a disease could not have been detected at the time of initial recruitment. The only stand taken by the respondents is that such type of disease is constitutional in nature and cannot be attributable or aggravated by the military service. It has further been contended that the initial disability was incurred by the petitioner while he was posted in a peace station. This view has also been set at rest by the Honble Delhi High Court in Ex. Sepoy Gopal Singh Dadwal. Vs. UOI decided on 27.07.2006 (616 SLR 2007(1). This case is also squarely covered by the judgment of the co-ordinate Bench of this Tribunal passed in OA No.354/2014 Lt. Col. ( Retd) S.R.Das.. Vs. UOI & others decided on 27.04.2015.

7. In view of this, we allow this petition and direct the respondents to release the disability pension @ 50% to the petitioner from the date of his superannuation i.e. w.e.f. 31.07.2014. The petitioner is also entitled to interest @ 9% per annum for the past three years over the arrears from the date of filing of this petition. Let the process be completed within three months.

8. Learned counsel for the respondents has made an oral request for grant of leave to appeal before the Honble Supreme Court. We find no substantial question of law of general public importance involved in the matter. Hence, the request for leave to appeal before the Honble Higher Court is rejected. No order as to costs. ( SUNIL HALI ) MEMBER ( J.N.BURMA ) MEMBER 15/12/2015/brh