In the absence of pre-existing health records at the time of entry, any disability contracted during military service is presumed to be attributable to that service. The burden rests on the employer to provide specific, cogent reasoning to rebut this presumption, rather than relying on location-based assessments.

MANMEET PRITAM SINGH ARORA, J. (ORAL)

1. This petition lays a challenge to the order dated 18.10.2024 passed by the Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter, ‘Tribunal’), whereby the O.A. 1675/2025 titled Air Cmde Raghvendra Kumar Tripathi (Retd) v. Union of India and Ors., filed by the respondent herein has been allowed by stating reasons in paragraphs 6 to 10, which reads as under: -

“6. On the careful perusal of the materials available on record and also the submissions made on behalf of the parties, we are of the view that it is not in dispute that the extent of disability was assessed to be above 20% which is the bare minimum for grant of disability element of pension in terms of Regulation 153 of the Pension Regulations for the Air Force, 1961 (Part-1). The only question that arises for consideration in the above backdrop, is whether disability suffered by the applicant was attributable to or aggravated by Military Service?

7. The issue of attributability of a disease is no longer res integra in view of the verdict of the Hon’ble Apex Court in Dharamvir Singh (supra), wherein, it is clearly spelt out that any disease contracted during service is presumed to be attributable to Military Service, if there is no record of any ailment at the time of commission into the Military Service.

8. Furthermore it cannot be overlooked that the onset of the disability was in May 2014; after commission of the applicant on 16.02.1987, i.e., after 27 years of service in the Indian Air Force and in the 12th posting of the applicant. The cumulative stress and strain that the applicant would have undergone during this period of strenuous military service cannot be overlooked, especially as the medical case sheet qua the applicant does not bring forth any contributory factors from the side of the applicant.

9. Regarding broad banding benefits, we find that the Hon’ble Supreme Court in its order dated 10.12.2014 in Union of India vs. Ram Avtar, (Civil Appeal No. 418 of 2012) and connected cases, has observed that individuals similarly placed as the applicant are entitled to rounding off the disability element of pension. We also find that the Government of India vide its letter No. F.No.3(11)2010-D (Pen/Legal) Pt V, Ministry of Defence dated 18.04.2016 has issued instructions for implementation of the Hon’ble Supreme Court order dated 10.12.2014 (supra).

10. Applying the above parameters to the case at hand, we are of the view that the applicant has been discharged from service in low medical category on account of a medical disease/disability and the disability must be presumed to have arisen in the course of service which must, in the absence of any reason recorded by the Medical Board, be presumed to have been attributable to or aggravated by military service.

11. Therefore, in view of our analysis, the OA 1675/2020 is allowed and respondents are directed to grant the benefit of the disability element of pension @ 30% for life (for CAD STEAWMI SVD-POST PCI to LAD DES @ 30% for life), rounded off to 50% in view of the judgment of the Hon’ble Apex Court in Union of India Vs. Ram Avtar (supra) from the date of discharge, i.e., 31.01.2020.

12. The arrears shall be disbursed to the applicant within three months of receipt of the copy of this order failing which they shall earn interest @ 6% p.a. till the actual date of payment,”

2. The claim of the respondent before the Tribunal was regarding the grant of disability element of pension w.e.f. the date of his retirement. The respondent was commissioned in the Air Force on 16.02.198