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JUDGMENT OF AFT JAIPUR
IN THE ARMED FORCES TRIBUNAL, REGIONAL
JUDGMENT OF AFT JAIPUR
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)
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