The court affirmed that if no ailment existed at enlistment, the onus is on the employer to prove non-attributability for disability pensions.

JUDGMENT :

C. HARI SHANKAR, J.

1. This petition assails order dated 29 February 2024 passed by the Armed Forces Tribunal, ["the AFT”, hereinafter] in OA 2094/2019 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Acute Myocardial Infarction with 30% disability has been allowed by the AFT.

2. The issue is covered by a recent decision rendered by one of us (C. Hari Shankar J.) in Ex Sub Gawas Anil Madso

3. Nonetheless, we have heard Mr. Satya Ranjan Swain, learned SPC for the petitioners, and have perused the record.

4. The respondent was released in Low Medical Category on his being found to be suffering from Acute Myocardial Infarction. From the record, including the proceedings of the Release Medical Board, [RMB”, hereinafter] the following facts emerged:

(i) The respondent had served in the Indian Army for over 18 years before he was diagnosed as suffering from Acute Myocardial Infarction.

(ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from Acute Myocardial Infarction prior to joining the Indian Army. The declaration reads thus:

The correctness of this declaration is not doubted either by the RMB or by the petitioner before the AFT or before this Court.

(iii) The reason regarding the Acute Myocardial Infarction suffered by the respondent has not been attributable to military service, as entered by the RMB reads thus:

“Acute Myocardial Infarction: No close time association with service in Fd/CIOPC/HAA with para 47 of Chapter VI of GMO (MP) 2008. 14 days charter of duties off.”

(iv) We have already held, in our judgment in Gawas Anil Madso, that where the applicant was not suffering from theailment at the time of entry into service, the RMB is required to positively identify the cause for the ailment, to justify a finding that it is not attributable to military service. The Commanding Officer’s certificate specifically states that the respondent was not responsible, owing to any act or omission of his, for the ailment from which he was suffering. The entry in that regard reads as under:

(v) Regarding para 47 of the Chapter VI of the GMO 2008, we have, in our judgment in UOI v EX JWO Dharmendra Prasad, observed thus:

“10.2 We have seen para 47 of the 2008 Guidelines, which read as under:—

47. Ischaemic Heart Disease (IHD). IHD is a spectrum of clinical disorders which includes asymptomatic IHD, chronic stable angina, unstable angina, acute myocardial infarction and sudden cardiac death (SCD) occurring as a result of the process of atherosclerosis. Plaque fissuring and rupture is followed by deposition of thrombus on the atheromatous plaque and a variable degree of occlusion of the coronary artery. A total occlusion results in myocardial infarction in the territory of the artery occluded. Prolonged stress and strain hastens atherosclerosis by triggering of neurohormonal mechanism and autonomic storms. It is now well established that autonomic nervous system disturbances precipitated by emotions, stress and strain, through the agency of catecholamines affect the lipid response, blood pressure, increased platelet aggregation, heart rate and produce ECG abnormality and arrhythmias. The service in field and high altitude areas apart from physical hardship imposes considerable mental stress of solitude and separation from family leaving the individual tense and anxious as quite often separation entail