1 COURT NO.2, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Virtual Hearing) MA 1902/2019 IN OA 1561/2018 In the matter of: 14569718 Ex Sep Hira Ram a Applicant Vs. Union of India & Ors. wa Respondents For the Applicant : Mr.J.P.Sharma, Advocate For the Respondents: Mr.Y.P.Singh, Advocate CORAM: HON’BLE MS. JUSTICE SUNITA GUPTA, MEMBER (J) HON’BLE VICE ADMIRAL P.MURUGESAN,MEMBER (A) ORDER Vide this application, the applicant seeks clarification/modification of the order dated 7.1.2019 passed in OA 1561/2018 by submitting that due to typographical error it has been wrongly mentioned that the applicant is entitled to “disability element of pension” from the date of his retirement instead of “disability pension”. 2. The facts of the case are that the applicant was initially enrolled in the Indian Army (EME) on 12.07.1984 and was discharged from service on 31.07.2004 in low medical category “CAD (AWMI) SVD POST PCI LAD LV DYSFUNCTION (OLD) Z.09.00” after rendering 20 years and 20 days colour2 service in the Army. His disability was assessed at 50% for life by RMB. He is getting Service Pension. 3. The applicant states that after discharge from service, he was re-enrolled in the DSC on 24.12.2004 and discharged from service DSC on 31.12.2014 due to non-extension of his service. He had rendered only 10 years and 07 days colour service in the DSC in Low Medical Category. He was not granted any type of pension from DSC as not completed pensionable service of 15 years. A Release Medical Board was carried out at Command Hospital (SC), Pune on 07.08.2014 and accepted his disability due to “CAD (AWMI) SVD POST PCI LAD LV DYSFUNCTION (OLD) Z.09.00” @ 50% for life; but, as neither attributable to nor aggravated by military service. Hence, he was not granted either service pension or disability pension for his service in DSC. 4. The applicant states that not getting the Disability Pension from the Competent Authority, led him to file OA 1561 of 2018 before this Tribunal and this Tribunal by an order dated 7.1.2019 granted Disability Element of pension at the rate of 50% for life, which was broad banded to 75%. The applicant has now filed MA 1902/2019 for grant of Service Element in addition to Disability Element. oF Learned counsel for the applicant submitted that the instant matter is squarely covered by a catena of decisions of the Hon’ble Supreme Court, including Dharamvir Singh vs. Union3 of India and Ors. (2013) 7 SCC 316, Union of India and Ors. vs. Rajvir Singh (2015) 12 SCC 264 and Union of India and Ors. vs. Angad Singh Titaria (2015) 12 SCC 257 and the relevant rules. 6. The learned counsel for the applicant also submitted that Regulation 179 of the Pension Regulations for the Army, 1961 which reads as under :- "1793 An individual retired/discharged on completion of tenure or on completion of service limits or on completion of terms of engagement or on attaining the age of 50 years (irrespective of their period of engagement), if found suffering from a_ disability attributable to or aggravated by military service and recorded by service Medical Authorities, shall be deemed to have been invalided out of service and shall be granted disability pension from the date of retirement , if the accepted degree of disability is 20 percent or more, and service element if the degree of disability is less than 20 percent.xxxxxx”, 7. Further, the learned counsel for the applicant relied upon the recent Judgment of the Hon’ble Supreme Court in Union of India & Ors. vs. V.R.Nanukuttan Nair (Civil Appeal Nos.4714-4715 of 2012) in support of his claim for disability pension comprising Service Element and Disability Element ordered in favour of a similarly placed soldier. 3: Though the learned counsel for the respondents opposed the applicant’s prayer for granting of disability pension, however, acknowledged the Judgment of the Hon’ble Supreme Court delivered on 7 November, 2019 in Nanukuttan Nair’s case (supr