COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI E. OA 1945/2019 Ex WO Arun Kumar Singh ccatene Applicant VERSUS Union of India and Ors. .... Respondents For Applicant ; Mr. Ajit Kakkar, Advocate For Respondents: Mr. Satya Ranjan Swain, Advocate CORAM HON’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 1945/2019. 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 tQappeal stands declined. (JUSTICE ANU MALHOTRA) 7 MEMBER ()) (REAR A AP MIRAl] DHIREN VIG) MEMBER (A)COURT NO. 2, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA No. 1945 of 2019 Ex WO Arun Kumar Singh .... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Ms. Chhavi Yadav, proxy for Mr. Ajit Kakkar, Advocate For Respondents: Mr.Satya Ranjan Swain, Advocate CORAM : HON’BLE MS. JUSTICE ANU MALHOTRA, MEMBER(J) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER The applicant vide para 8 of the present O.A 1945/2019 has made the following prayers:- (a) To direct the Respondents to produce all medical records of the Applicant. b. To direct the Respondent to grant disability pension to the Applicant from the date of discharge that is 01.01.2019. c. To direct the respondent to grant the benefit of rounding off the disability pension from 30% to 50% from date of discharge. d. To direct the respondents to issue a corrigendum PPO with the necessary changes pertaining to the disability and broad banding of the disability pension. e. To direct the respondents to pay arrears of disability pension and broad banded disability pension along with interest @ 12%. 1 of 22 OA 1945/2019 EX WO Arun Kumar Singh2. The applicant EX WO Arun Kumar Singh was enrolled in the Indian Air Force on 18.12.1986 and discharged from service on 31.12.2018 under the clause on “On attaining the age of superannuation” after rendering a total of 32 years and 28 days of regular service. The RMB not solely on medical grounds was held at 8 Wing, AF vide AFMSF-16 dated 05.02.2018 and the applicant was found fit to be released in composite low medical category A4G2(P) for the ID Primary Hypertension with the RMB having opined the disability as being neither attributable nor aggravated by military service: The opinion of the Medical Board in Part V thereof was to the effect: “ PART V OPINION OF THE MEDICAL BOARD 1. Causal Relationship of the Disability with Service Conditions or otherwise. Disability Attributable | Aggravated Not Reason/Cause/Specific to by connected condition and period in service(Y/N) | service(Y/N) | with service service(Y/N) 1. PRIMARY To No Yes As disability is a lifestyle disease and it occurs while serving in peace area as per Para 43 page No.34 of GMO Ver.2008 HYPERTERNSION (OLD)(1 10)Z09.0 — 2 of 22 OA 1945/2019 EX WO Arun Kumar SinghNote. A disability “Not Connected with service” would be neither Attributable nor Aggravated by service. (This is in accordance with instructions contained in “Guide to Medical Officers(Mil Pension)-2002) The percentage of disablement was put forth in the RMB as under: 6c 6. What is the [present degree if disablement as compared with a healthy person of the same age and sex?(Percentage will be expressed as Nil or as follows). 1-5%, 6- 10%, 11-14 %, 15-19% and thereafter in multiple of ten from 20-100% Disability Percentage | Composite | Disability Net Assessment As numbered in of Assessmen | Qualifying for | Qualifying for question | to IV disableme