MAIN POINT
Decease not noticed at the time of entry into service shall be deemed to have arisen in service.

JUDGMENT

N.V. RAMANA, J.

This appeal arises out of the impugned order dated 3rd December, 2010 passed by the Armed Forces Tribunal, Chandigarh, Bench at Chandimandir in OA No.837/2010 whereby the tribunal allowed the Respondent’s application for grant of disability pension.

2. The undisputed facts of the case are that the respondent herein was enrolled in Indian Air Force on 13th November, 1971 in the Clerical trade. At the time of his recruitment, the respondent was medically and physically examined by the concerned medical officers and was found fit as per prescribed standards in medical categorization known as SHAPE-I. On 17th July, 1987, during the period of his service in Indian Air Force, the respondent was admitted to the Commando Hospital (Air Force), Bangalore where he was diagnosed for coronary artery disease namely Infero-lateral Myocardial Infraction (1st disability). The respondent was therefore placed in Low Medical Classification from September, 1987. As a result of deterioration of health due to aggravation of ailment, the respondent was again downgraded and placed in the medical classification A4 G3 (Permanent). While the respondent was discharging his duties at 2228 Squadron, he was also diagnosed for the disease Type-II Diabetes Mellitus in the year 2006 (2nd disability). Thereafter, on 27th November, 2008 the respondent was referred to the Release Medical Board. The Medical Board assessed his 1st disability i.e. coronary artery disease at 60% and 2nd disability at 15 to 19%. The composite disability was however assessed as 60%. The Medical Board recommended that both the aforementioned disabilities were found to be constitutional in nature and not attributable to nor aggravated by service in Air Force. Accordingly, the disability pension claim preferred by the respondent has been rejected by the competent Pension Sanctioning Authority i.e. Air Force Record Office by its order dated 16th April, 2009.

3. Aggrieved thereby, the respondent filed first appeal before the Appellate Committee. The first appellate authority by its order dated 28th October, 2009 rejected the same observing that both the disabilities are neither attributable to nor aggravated by service (NANA) and the 14 days charter of duties did not reveal any under stress and strain of military service. At this point of time, the respondent was superannuated from service on 31.10.2009 after rendering 30 years, 11 months and 18 days of service. The second appeal before Defence Minister’s Appellate Committee was also rejected. The respondent then filed O.A. No. 837 of 2010 before the Armed Forces Tribunal (“The Tribunal” for short) which came to be allowed directing the appellants to assess and release the disability element of disability pension in favour of the petitioner for 60% disability from the date of his discharge with interest @ 10% p.a. on the arrears.

4. The appellants—Union of India, having aggrieved by the decision of the Tribunal, preferred this appeal. We notice that there is a delay of 234 days in filing the present appeal. We, however, condone the delay for the reasons stated in the application for condonation of delay.

5. Learned counsel for the appellants submitted that according to Regulation No. 153 of the Pension Regulations for Indian Air Force, 1961 (Part-I) (for short “the Regulations”) the disability should be either attributable to or aggravated by Air Force Service. Whereas in the present case the Release Medical Board which is an expert Body, has clearly expressed its opinion that the disabilities suffered by the respondent were neither attributable to nor aggravated by service and constitutional in nature. The Tribunal has committed serious error by ignoring the opinion dated 27th November, 2008 of the Release Medical Board. The record clearly shows that the onset of disabilities on the respondent was at peace locations as the respondent, at the relevant time, was not engaged in duty in high altitude areas or snow boun