OA 1855/2021 WITH MA 1821/2021 Ex WO Sushil Kumar Dhara COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA 1855/2021 WITH MA 1821/2021 Ex-WO Sushil Kumar Dhara wee Applicant Versus Union of India and Ors. oT Respondents For Applicant : Mr. Praveen Kumar, Advocate For Respondents : Mr. Avdhesh Kumar Singh, Advocate CORAM HON’BLE MS. JUSTICE ANJANA MISHRA, MEMBER (J) HON’BLE LT GEN C.P.MOHANTY, MEMBER (A) ORDER MA 1821/2021 Keeping in view the averments made in this application and finding the same to be bona fide, in the light of the decision in Union of India and others Vs. Tarsem Singh (2008) 8 SCC 648, the instant application is allowed condoning the delay in filing the O.A. MA stands disposed of. A1 2021 2: Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant filed this OA praying to direct the respondents toOA 1855/2021 WITH MA 1821/2021 Ex WO Sushil Kumar Dhara accept the disabilities of the applicant as attributable to/aggravated by military service and grant disability element of pension @50% rounded of to 75% with effect from the date of retirement of the applicant; along with all consequential benefits. 3. The applicant was enrolled in The Indian Air Force on 13.06.1983 and retired from The Indian Air Force on 31.07.2020 after serving for 37 years, 01 month and 18 days of qualifying service. The Release Medical Board dated 05.12.2019 held that the applicant was fit to be discharged from service in composite low medical category A4G4(P) for the disabilities - (i) DIABETES MELLITUS Type II @ 30% for life, (ii) NON OBSTRUCTIVE CORONARY ARTERY DISEASE @ 40% for life and (iii)PRIMARY HYPERTENSION @30% for life, with composite disability @ 70% for life while the qualifying element for disability pension was recorded as NIL for life on account of disabilities being treated as neither attributable to nor aggravated by military service (NANA). 4. The claim of the applicant for grant of disability pension was rejected vide letter Air\HQ/99798/1/684227/07/20/DAV(DP/RMB) 2OA 1855/2021 WITH MA 1821/2021 Ex WO Sushil Kumar Dhara dated 14.08.2020 stating that the aforesaid disabilities were considered as neither attributable to nor aggravated by military service. Aggrieved by the aforesaid rejection, the applicant has approached this Tribunal. 5. Placing reliance on the judgement of the Hon’ble Supreme Court in Dharamvir Singh v. UOI & Ors [2013 (7) SCC 36], Learned Counsel for applicant argues that no note of any disability was recorded in the service documents of the applicant at the time of the entry into the service, and that he served in the Air Force at various places in different environmental and service conditions in his prolonged service, thereby, any disability at the time of his service is deemed to be attributable to or aggravated by military service. 6. Per Contra, Learned Counsel for the Respondents submits that under the provisions of Rule 153 of the Pension Regulations for the Indian Air Force, 1961 (Part-I), the primary condition for the grant of disability pension is invalidation out of service on account of a disability which is attributable to or aggravated by Air Force service and is assessed @ 20% or more.OA 1855/2021 WITH MA 1821/2021 Ex WO Sushil Kumar Dhara 7. Relying on the aforesaid provision, Learned Counsel for respondents further submits that the aforesaid disabilities of the applicant were assessed as “neither attributable to nor aggravated” by Air Force service and not connected with the Air Force service and as such, his claim was rejected; thus, the applicant is not entitled for grant of disability pension due to policy constraints. 8. On the careful perusal of the materials available on record and also the submissions made on behalf of the parties, we are of the opinion 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 p