The court upheld the Tribunal’s decision that the medical board's assessment precluded the granting of disability pension as it found the condition was neither attributable to nor aggravated by military service.

ORDER :

1. Under assail is the order dated 30.03.2022 passed in O.A.No.110 of 2019 on the file of Armed Forces Tribunal, Regional Bench at Chennai.

2. The Original Applicant is the Writ Petitioner before this Court. The relief sought for before the Tribunal is to set aside the rejection order dated 02.02.2019 passed by the 4th respondent and to direct the respondents to grant disability pension with Broad banding Benefits from 40% to 50% with effect from 30.04.2010.

3. The facts in brief, as stated by the Original applicant before the Tribunal reveals that he was enrolled in Indian Army on 21.02.1994 and invalidated out from service on 01.05.2010 due to the ID, Generalised Anxiety Disorder under Army Rule 13(3) III (v) of ARMY RULES , 1954, after rendering 16 years, 2 months and 9 days of qualifying service. The Release Medical Board assessed the ID "Generalised Anxiety Disorder" at 40% for life and opined that the disability is neither attributable to nor aggravated by Military Service. Consequently, the petitioner was granted service pension vide PPO No.S/044887/2009.

4. First appeal was preferred on 23.10.2018, seeking grant of disability pension. However, the 4th respondent rejected the appeal vide letter dated 02.02.2019, stating that the petitioner's disability was neither attributable to nor aggravated by military service. Consequently, the petitioner filed the Original Application.

5. The facts regarding the service particulars of the writ petitioner are not disputed by the respondents.

6. The learned Counsel for the petitioner would submit that as per the Guide to Medical Officers (Military Pension) 2002, the case of the petitioner ought to have been considered by the authorities for grant of disability pension. He would submit that the petitioner was posted to on and off to high altitude to Pakistan field from Gurdaspur for one year, thereafter at field and high altitude service in Jammu and Kashmir for two years, thereafter extreme chill terrain area Dehradun for three years. Thereafter, he was posted from 30.05.2001 to 26.07.2002 for foreign Ethiopia country i.e. United Nation Mission world peace service, where he suffered foreign service stress. Thereafter, he was posted to another field and counter insurgency area named operation Rakshak war service at J&K Glacier location, there he was referred to Inspection room after minor treatment due to war service. Thereafter, the petitioner was posted to another Pakistan border at Jam Nagar, where he was downgraded to low medical category, for Generalized Anxiety Disorder disability, the percentage of disability was assessed 40% for life and discharged from service on medical grounds. All these mitigating factors have not been taken into consideration by the authorities for grant of disability element of pension. That being so, the Tribunal ought to have considered the said factors for granting the relief.

7. The learned Counsel for the respondents opposed the contention of the petitioner by stating that the claim of the petitioner for disability pension was rejected based on the ground that the ID, Generalized Anxiety Disorder, is not connected with military service, i.e., neither attributable to nor aggravated by military service. In this regard, he would refer the opinion of the medical board and the same is extracted hereunder:

8. Admittedly, the petiti