ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR CIRCUIT BENCH AT JODHPUR S/16.

OA No 159/2021 with MA No 163/2021 No-809352 Ex NC(E) Kishan Lal, S/o Late Sagar Ram, R/o House No 133, Khasra No 56, Mahaveer Nagar, Nandari, Banar Road, Jodhpur - 342027 (Raj) …. Applicant Versus

1. The Union of India, through its Secretary Ministry of Defence, (Deptt of Pension & Pensioners Welfare), Sena Bhawan, New Delhi-110011

2. The Directorate of Air Veterans, (For Director AV-III)

1^st Floor SMC Building, Subroto Park, New Delhi - 110010

3. The Office of the Joint CDA (AF), New Delhi-110010 …. Respondents For Applicant : Mr CS Panwar, Advocate For Respondents : Mr Dinesh Choudhary, Advocate, Proxy for Dr Samir Shrimali, Advocate CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

24.01.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Disability Element of Disability Pension @ 40% duly rounded off to 50% wef 01.04.2014 along with interest on arrears @ 8% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Air Force on 25.08.1980 as Non Combatant (Enrolled) (NCs(E)) in the trade of Dhobi. While posted at Utarlai, the Applicant was placed in low medical category in the month of August 2012 due to Disabilities, viz (i) Diabetes Mellitus Type-II and (ii) Primary Hypertension and retained in service. After rendering more than 33 years of service, he was discharged from Service 31.03.2014 on completion of his terms of engagement in low medical category. The duly constituted Release Medical Board assessed his Disabilities, viz., (i) Diabetes Mellitus Type-II @ 20% and (ii) Primary Hypertension @ 30% for life with Composite Disability @ 40% for life and considered the disabilities as Neither Attributable to Nor Aggravated by Military Service (NANA). The Applicant has been granted Service Pension for life, however, Disability Element of Disability Pension has not been granted on the grounds that the disabilities have been considered as NANA. 1^st Appeal preferred by the Applicant against rejection of Disability Pension was rejected by the Competent Authority on the grounds of delay of more than five years and nine months. Learned Counsel for the Applicant placed reliance on the judgment of Hon’ble Supreme Court in the case of Dharamvir Singh Vs UOI & Ors, (2013) 7 SCC 316 and contended that he suffered from the Disabilities while in Service, therefore, he is eligible for grant of Disability Element of Disability Pension along with Rounding off Benefits from the date of his discharge from service. In support of his claim, the Applicant also placed reliance on this Tribunal Common Order dt 13.04.2018 in OA No 47/2018 in the case of Ex MWO SS Champawat Vs UOI & Ors, Order dt 25.01.2019 in OA No 70/2018 in the case of Ex MWO Avtar Singh Vs UOI & Ors, Order dt 28.08.2019 in OA No 69/2018 in the case of Ex NC(E) Brij Mohan Kanojia Vs UOI & Ors and Order dt 28.08.2019 in OA No 25/2019 in the case of Ex NC(E) Madan Kumar Vs UOI & Ors. The Applicant made representations as also issued Legal Notice for grant of Disability Element of Disability Pension, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents filed a detailed reply to the Application. While not contesting the basic facts submitted by the Applicant, the Respondents have submitted that the OA has been filed after a long delay of more than 6 years, therefore, the same has to be dismissed on this ground alone. The Respondents have further submitted that the duly constituted Release Medical Board assessed the Composite Disability @ 40% for life and opined it as NANA in terms of Para 26 and 43 of Guide to Medical Officers (GMO), 2008. During Annual Medical Examination in 2004, the Applicant was found to be overweight and was advised to reduce weight by diet restrictions and regular exercise