Ex WO Jalaluddin vs UOI & Others on 18 November 2025

ORDER

18.11.2025 Applicant Respondents HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has práyed for directing the respondents to consider his disability as attributable to and aggravated by military service and grant Disability Element of Disability Pension @ 30% along with Rounding Off Benefits to 50% from the-date of his invalidmentand that the arrears be paid along with interest @ 12% per annum.

2. The brief facts of the case as per Applicant are that initially the Applicant was enrolled in the Air force on 10.11.1981 and after rendering more than 38 years of service, he was superannuated from Service on 31.01.2020 for which he has been granted Service Pension for life. While in service, the Applicant suffered from disability "Primary Hypertension" and was placed in low medical category. The duly constituted Release Medical Board held at the time of his OA No 19/2021 Ex WVO Jalaluddin Vs UOI & Ors superannuation, assessed his disability "Primary Hypertension" @ 30% for life and considered it as Neither Attributable to Nor Aggravated by Military Service (NANA). The Disability Pension claim of the Applicant was rejected on the grounds of his disability being NANA. The Applicant submits that he joined the Air force Service in medical category "SHAPE-1" and he suffered from the disability due to service factors and, hence, the same ought to have been considered as Attributable to Air Force Service. In support of his claim, the Applicant placed reliance on Honble Supreme Court judgments in the case of Dharamvir Singh Vs UOI & Ors, (2013) 7 SCC 316 and UOI & Anr Vs Rajbir Singh, JT 2015(2) SC 392. 1 and 2nd Appeals preferred by the Applicant against rejection of Disability Pension claim were also rejected by the Competent Authorities. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents fled a detailed reply to the Original Application and while not disputing th¹ basic facts presented by the Applicant, they have submitted that the Disability of the Applicant was assessed @ 30% for life and considered as NANA. Therefore, the Applicant is not eligible for grant of Disability Element of Disability Pension in terms of Rule 153 of Pension Requlations for the Air Force, 1961 (Part 1), as he was not fulfilling the twin conditions for grant of Disability Pension, ie., ) the disability must be attributable to or aggravated by military service and (i) degree of disablement should be assessed @ 20% of above. Further, 1 and 2d Appeals preferred by the Applicant have also been rejected by the Competent Authorities. In view of the aforesaid averments, the Respondents have reiterated that the Applicant is not eligible for grant of Disability Pension and, consequently, he is also not eligible for Rounding Off benefits. The OA is devoid of merit and deserves to be dismissed.

4. During the course of hearing, Learned Counsel for the Applicant relied upon judgment dt 01.07.2025 passed by Honble Delhi High Court in WP (C) 140/2024 in the case of UOI & Ors Vs Col Balbir Singh (Retd) and other connected matters. Per contra, Learned Counsel for the Respondents submitted OA No 19/2021 Ex WO Jalaluddin Vs UOI & Ors that the aforesaid judgment is under challenge before the Hon'ble Supreme Court. On knowing the same, Learned Counsel for the Applicant submits that the instant OA may be decided based on the outcome of SLP filed against the aforesaid judgment in the case of Balbir Singh (Supra).

In view of the above, we direct that on the basis of the outcome of the aforesaid SLP, if the Applicant makes a fresh representation to the Respondents with regard to his prayer in the OA within a period of one month of the outcome of the SLP, the Respondents shall decide such representation of the Applicant in the light of outcome of the aforesaid SLP and the existing rules/ regulations and policies within a period of six months thereafter.

6. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

7. No order on costs. (SANJIV MITTAL) MEMBER (A) Ssy/ ARMED (GOVERDHAN BARDHAR) MEMBER (J) FORCES TREU OA No 19/2021 Ex WO Jalaluddin Vs UOI & Ors