Lt Col Abhishek Mishra (Retd) (ARMY) vs UOI & Others on 3 September 2025

**ORDER**

**03.09.2025**

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents for grant of Disability Element of Disability Pension @ 30% along with Rounding Off Benefits to 50% for life wef 03.04.2022 and that the arrears be paid along with interest @ 8% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was commissioned in the Army on 11.12.1999 and after rendering more than 21 years of service, he was discharged from Service on 02.04.2022 on his own request. Due to stress and strains of military service, the Applicant suffered from disabilities, viz, (i) "Primary Hypertension" and (ii) "Dyslipidemia" and was placed in permanent low medical category. At the time of discharge, the duly constituted Release Medical Board assessed his Disabilities, viz, (i) Primary Hypertension @ 30% for life (Aggravated by Military Service) and (ii) Dyslipidemia @ 5% for life (Neither Attributable to Nor Aggravated by Military Service) with Composite Disability @ 30% for life. The Applicant has been granted Service Pension for life. The claim for grant of Disability Pension was processed to the Competent Authority at IHQ of MoD (Army), which arbitrarily considered the disabilities as Neither Attributable to Nor Aggravated by Military Service and rejected the claim for grant of Disability Element of Disability Pension. The Applicant has submitted that duly constituted Release Medical Board has considered the Disability "Primary Hypertension" of the Applicant as Aggravated by Military Service and IHQ of MoD (Army) has no jurisdiction to overrule the opinion of the medical board which is a body of experts in the light of principles laid down by Hon'ble Supreme Court in the case of *Ex Sapper Mohinder Singh Vs UOI* (Civil Appeal No 164 of 1993) decided on 14/1/1993. In support of his claim, Learned Counsel for the Applicant has also placed reliance on Hon'ble Supreme Court judgments in the case of *Dharamvir Singh Vs UOI & Ors (2013) 7 SCC 316, UOI & Anr Vs Rajbir Singh, JT 2015 (2) SC 392 and UOI & Ors Vs Ram Avgar, (2014) SCC Online 1761* and submitted that he is eligible for grant of Disability Element of Disability Pension along with Rounding Off benefits from the date of his discharge from service. The Applicant made representations for grant of Disability Pension but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that disability of the Applicant "Primary Hypertension" was considered as Aggravated by Military Service by the duly constituted Release Medical Board but the initial Adjudication, Appellate Committee on First Appeals (ACFA) conceded the disability as Neither Attributable to Nor Aggravated by Military Service (NANA) since no causal connection with service was established as it does not fulfill the conditions as per Rule 6, 9, 10 & 11 of Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008, read in conjunction with Para 43 Chapter VI, GMO 2002/2008 and Regulation 37 (a) of Pension Regulations for the Army Part 1 (2008): In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant placed reliance on this Tribunal Order dt 18.03.2025 in OA No 478/2022 in the case of **Col Sameer Malik (Retd) Vs UOI & Ors** and submitted that he is eligible for grant of Disability Element of Disability Pension along with Rounding off benefits to 50%.

5. We have heard both the parties and perused the material placed on record.

6. On the issue of primacy of opinion of Medical Boards, Hon'ble Supreme Court in the case of **Secretary MoD & Ors Vs AV Damodaran (dead)**, (2009) 9 SCC 140, held as under:- "8. When an individual is found suffering from any disease or has sustained injury, he is examined by the medical experts who would not only examine him but also ascertain the nature of disease/injury and also record a decision as to whether the said personnel is to be placed in a medical category which is lower than 'AYE' (fit category) and whether temporarily or permanently. They also give a medical assessment and advice as to whether the individual is to be brought before the release/invalidating medical board. The said release/invalidating medical board generally consists of three doctors and they, keeping in-view the clinical profile, the date and place of onset of invalidating disease/disability and service conditions, draws a conclusion as to whether the disease/injury has a causal connection with military service or not. On the basis of the same, they recommend (a) attributability or (b) aggravation, or (c) whether connection with service. The second aspect which is also examined is the extent to which the functional capacity of the individual is impaired. The same is adjudged and an assessment is made of the percentage of the disability suffered by the said personnel which is recorded so that the case of the personnel could be considered for grant of disability element of pension. Another aspect which is taken notice of at this stage is the duration for which the disability is likely to continue. The same is assessed/recommended in the form of AFMSF-16. The Invalidating Medical Board forms its opinion/recommendations on the basis of the medical report, injury report, court of enquiry proceedings, if any, charter of duties relating to peace or field area and, of course, the physical examination of the individual.

9. The aforesaid provisions came to be interpreted by the various decisions rendered by this Court in which it has been consistently held that the opinion given by the doctors or the medical board shall be given weightage and primacy in the manner for ascertainment as to whether or not the injuries/illness sustained was due to or was aggravated by the military service which contributed to invalidation from the military service."

7. In the present case, it is evident that the Applicant suffered from the disability in Field Area while posted in Tenga (Arunachal Pradesh) and the duly constituted Release Medical Board, after physically examining the Applicant and based on his medical history, assessed his Disability "Primary Hypertension" @ 30% for life and opined it as Aggravated by Military Service. The Competent Authority at IHQ of MoD (Army), however, without examining the Applicant physically, rejected the claim for grant of Disability Pension despite the fact that the Applicant suffered from the disability while posted in Field area of Arunachal Pradesh. Therefore, in the light of principles laid down by Hon'ble Supreme Court in the case of AV Damodaran (Supra), this Tribunal is of the view that the opinion of medical board, being an expert body of medical specialists, has to be given due value, weight and credence. The Competent Authority at IHQ of MoD (Army) is not justified in rejecting the Disability Pension claim without any physical examination of the Applicant. Therefore, the Applicant is eligible for grant of Disability Element of Disability Pension @ 30% along with Rounding Off Benefits to 50% for life from the date of his discharge from Service, ie., 03.04.2022.

8. The Respondents are directed to pay Disability Element of Disability Pension @ 30% for life to the Applicant duly rounded off to 50% wef 03.04.2022. The arrears shall be paid within a period of six months from the date of receipt of a certified copy of this Order, failing which, the arrears shall carry interest at 6% per annum till the date of actual payment.

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

10. No order on costs.

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-