IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

Reserved on:20.12.2024 Pronounced on: 07.01.2025 UNION OF INDIA AND ORS. .....Petitioners Versus EX NAIK SHAMSHER SINGH AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Argued by: Mr. Promila Nain, Senior Panel Counsel for the petitioners/UOI.

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SURESHWAR THAKUR , J .

1. Through the instant writ petition, the petitioner herein- Union of India, prays for the setting aside of the order dated 04.08.2021 (Annexure P-1), as passed by the learned Armed Forces Tribunal concerned, wherebys the claim of respondent No. 1 for the grant of disability pension was allowed.

Factual Background

2. The respondent joined Army on 19.04.1979 in a fit state of health and discharged from service after completion of his service on 30.04.2001. Thereafter, he was re-enrolled in DSC service w.e.f. 23.11.2001. During the course of his service, he incurred disabilities of ‘(I) ECTOPIC ATRIAL TACHTYCARDIA, ICD NO. 48.0 and (II) CAD-CORONARY ECTASIA LAD,ICD NO. I 25.9’. He was discharged from DSC service on 31.10.2017. At the time of his release, his disabilites were respectively assessed @ 50% (composite) for life.

3. The disability element claim of the respondent was rejected by the Competent Authority vide order dated 09.12.2013, thus on the ground that the supra disabilities were neither attributable to nor being aggravated by rendition of military service.

4. Respondent No. 1 preferred first appeal dated 15.03.2014, the same was rejected by the appellate committee vide letter dated 30.04.2015. Thereafter, respondent No.1 preferred second appeal on 12.02.2016 and which was rejected by the second appellate committee on pensions vide latter dated 22.12.2016. Feeling aggrieved, he filed an O.A., before the learned Armed Forces Tribunal concerned, wherebys he cast a challenge to the afore said rejection order. The said O.A., became allowed vide order dated 04.08.2021. The operative part of the said order is extracted hereinafter.

“9. Considering the law laid down by the Hon’ble Supreme Court and also the attending circumstances, the rejection of the claim of the applicant is set aside and the applicant is thus held entitled to disability pension from the next day of discharge @75% as against 50% for life after being rounded off as per judgment of the Supreme Court in Civil Appeal No. 418/2012 titled Union of India Vs. Ram Avtar decided on 10.12.2014 subject to verification and the arrears are directed to be released by the respondents within a period of three months from the date of receipt of certified copy of this order by counsel for the Respondents / OIC Legal Cell, failing which the arrears shall carry an interest @8% from date of this order”.

5. Feeling aggrieved, from the aforesaid order as passed upon the O.A. (supra), by the learned Armed Forces Tribunal concerned, the petitioner-Union of India has filed thereagainst the instant writ petition before this Court.

Inferences of this Court.

6. Before proceeding to make an effective adjudication upon the present writ petition, a useful assistance for determining whether the befallment of any disease vis-à-vis any member of the defence personnel, but post his being enrolled in the army, despite at the initial stage, upon his becoming enlisted, as a member of the combatant defence establishment, rather the same remaining undetected, yet the apposite eruption, thus post enlistment hence being construable to be either congenital or being construable to become aggravated or being attributable to military service, thus is acquired, from, the principles set forth in the judgment rendered by the Hon'ble Apex Court, in case titled as Dharamvir Singh Vs. Union of India, reported in (2013) 7 SCC 316. The relevant paragraphs of the said verdict are extracted hereinafter.

29. A conjoint reading of various provisions, reproduced above, makes it clear that:

(i) Disability pension to be granted to an individual who i