COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI c. OA 1267/2019 Ex Sgt Ajay Khurana seve Applicant VERSUS Union of India and Ors. .... Respondents For Applicant : Ms. Deepika Sheoran, Advocate For Respondents: Mr. RS Chhillar, Advocate CORAM HONY’BLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER 20.09.2023 Vide our detailed order of even date we have allowed the OA 1267/2019. Learned counsel for the respondents makes an oral prayer for grant of leave to appeal in terms of Section 31(1) of the Armed Forces Tribunal Act, 2007 to assail the order before the Hon’ble Supreme Court. After hearing learned counsel for the respondents and on perusal of order, in our considered view, there appears to be no point of law much less any point of law of general public importance involved in the order to grant leave to appeal. Therefore, the prayer for grant of leave to appeal stands declined. Pe (JUSTICE ANU MALHOTRA) i MEMBER ()) 4 i“ (REAR AD¥V HIREN VIG) MBER (A)COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA 1267/2019 Ex Sgt Ajay Khurana saat Applicant VERSUS Union of India and Ors. .... Respondents For Applicant : Ms. Deepika Sheoran, Advocate For Respondents : Mr. RS Chhillar, Advocate CORAM HONVBLE MS. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant vide the present OA makes the following prayers:- “(a) To set aside the impugned order Air HO/99798/5/1" Appeal/1 24/18/73 1783/DP/AV-HI dated 12.04.2019 (Annexure A-1). (b) To direct the respondents to grant the disability pension @20% with effect from the date of discharge, i.e., 30.06.2017, by considering the disability as attributable and aggravated by the military service. (c) To direct the respondents to grant the benefits of rounding off of the disability of the applicant @50% (20% to be rounded off to 50%) with effect from the date of discharge. (d) To direct the respondents to pay the due arrears of disability pension with interest @12% p.a. with effect from the date of discharge till actual payment. (e)To pass such further order or _ orders, direction/directions as this Hon’ble Tribunal may deem fit and proper in accordance with law.” 1of10 OA 1267/2019 Ex Sgt Ajay Khurana v. UO! & OrsBRIEF FACTS 2. The applicant was enrolled in the Indian Air Force on 30.06.1988 and discharged from the Air Force service on 30.06.2017 under the clause “On fulfilling the conditions of enrolment” after rendering 29 years and 01 day of regular service. The Release Medical Board dated 19.08.2016 held that the applicant was fit to be released from service in low medical category A4G2 (P) for the disability of Diabetes Mellitus Type-II @20% for life while the qualifying element for disability was recorded as NIL for life on account of the disability being treated as neither attributable to nor aggravated by military service. 3 On adjudication, the AOC AFRO has upheld the recommendations of the RMB and rejected the disability pension claim vide letter no RO/3305/3/Med dated 29.11.2016. The outcome was communicated to the Air Veteran vide letter no Air HQ 99798/1/731783/06/17/DAV (DP/RMB) dated 23.12.2016 with an advice that the applicant may prefer an appeal to the Appellate Committee within six months from the date of receipt of the letter. The applicant made first appeal dated 19.04.2017 to the respondents which was rejected vide letter No. Air HQ/99798/5/ 1" Appeal/124/18/731783/DP/AV-III dated 12.04.2019. Aggrieved by the response of the respondents, the applicant has filed the present OA. In the interest of justice thus, it is considered appropriate to take up the present OA for consideration, in terms of Section 21(1) of the AFT, Act 2007. CONTENTIONS OF THE PARTIES 2 of 10 OA 1267/2019 Ex Sgt Ajay Khurana v. UO! & Ors4. Placing reliance on the judgmen