COURT No.2 ARMED FORCES TRIBUNAL PRINCIPAL BENCH: NEW DELHI F. OA 517/2020 Ex Sgt Devi Singh Rathore .. Applicant VERSUS Union of India and Ors. ..... Respondents For Applicant : Mr. O P Bhadani, Advocate For Respondents: Mr. Y P Singh, 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 517/2020. 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. . (JUSTICE ANU MALHOTRA) MEMBER ()) (REAR ADMIRA N VIG) MEMBER (A) >COURT NO. 2, ARMED FORCES TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 517 of 2020 Mea NM: See In the matter of : Ex Sgt Devi Singh Rathore ... Applicant Versus Union of India & Ors. ... Respondents For Applicant : Shri O.P. Bhadani and Shri Vikas Kochar, Advocates For Respondents : Shri Y.P. Singh, Advocate CORAM: HON’BLE Ms. JUSTICE ANU MALHOTRA, MEMBER (J) HON’BLE REAR ADMIRAL DHIREN VIG, MEMBER (A) ORDER Invoking the jurisdiction of the Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as ‘AFT Act’, the applicant has filed this OA and the reliefs claimed in Para 8 read as under : (a) To set aside the impugned order Initial Rejection letter Ro. Air HQ/99798/2/710180/DAV (DP/IMB) dated 12.07.2019 passed by Respondent rejecting for grant of Disability Element of Disability Pension along with Constant Attendant Allowance; O.A. No. 517 of 2020 1 of 29 Ex Sgt Devi Singh Rathore eo(b) To direct the Respondents to grant Disability Element of Pension @ 100 % along with Constant Attendant Allowance with effect from the date of retirement for life along with arrears to the Applicant by treating his Disability as Attributable and Aggravated by the Air Force service. (c) To direct the Respondents to pay the due arrears of Disability Pension with interest @12% p.a. with effect from date of retirement with all the consequential benefits. (a) To pass such further order or orders, direction/directions as this Hon’ble Tribunal may deem fit and proper in accordance with law. BRIEF FACTS 2 The applicant, having been found medically and physically fit after thorough medical examination, was enrolled in the Indian Air Force on 08.05.1986 and was invalided out from service on 06.06.2019 being in permanent low medical category E5/APGP. The Release Medical Board (RMB) held in 04.01.2019 assessed the applicant’s disabilities (i) ISCHEMIC STROKE RIGHT MIDDLE O.A. No. 517 of 2020 20f 29 Ex Sgt Devi Singh RathoreCEREBRAL ARTERY TERRITORY @ 27% rounded off to 30% for life; (ii) CAD/IWMI/DVD NON OBSTRACTIVE (LAD+ RCA 99% P-PCI TO RCA (1X DES)’ @ 40% for life; (iii) ISCHAEMIC OPTIC NEUROPATHY BOTH EYES WITH PROLIFETFERATIVE DIABETIC RETINOPATHY RT EYE S/P PRP AND NON PROLIFERATIVE DIABETIC RETINOPATHY LT EYE and (iv) PPEUDOPHAKIA BOTH EYES both IDs (iii) and (iv) @ 100% for life + CAA for life; and (v) TYPE-I] DIABETES MELLITUS @ 40% for life. The composite assessment for all the disabilities is done @ 100% for life + CAA. The Net assessment qualifying for disability pension was Nil, however, Constant Attendant Allowance (CAA) for life was assessed by the RMB. The RMB held all the disabilities as ‘neither attributable to nor aggravated by military service’ (NANA)’. Based on the recommendations of the RMB, the disability pension has been denied to the applicant. 3. The initial claim of the applicant for disability pension was rejected by the AOC AFRO upholding the recommendations of the RMB,