Ved Prakash Sharma vs Union of India on 15 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (JUDICIAL)

The applicant was enrolled in the Indian Air Force on 05.04.1972 and discharged therefrom on 30.06.2009. He is in a receipt of service pension. His grievance is against denial of disability element for the disability of ‘Primary Hypertension’, the extent of which has been assessed to be 30% for life but neither attributable to nor aggravated by military service. Claim for grant of disability element was rejected because the disability was neither attributable to nor aggravated by military service.

2. Learned counsel for the applicant has submitted that the Release Medical Board (RMB) had assessed the disability as neither attributable to nor aggravated by military service by stating that it was constitutional in nature. The reason given was not sufficient to fulfil the requirements of Rule 7 of the Entitlement Rules for Casualty Pensionary Awards to Armed Forces Personnel, 2008 (hereinafter referred to as ‘ER 2008’). Thus, denial of disability element was not justified. He relied upon judgement dated 06.12.2024 of this Regional Bench passed in OA No. 861 of 2022 titled as Ex. MWO Bhupinder Singh Versus Union of India and Other.

OA 1630 of 2022 Ex MWO (HFO) Ved Prakash Sharma Vs. UOI &Ors ...2/

3. Learned counsel for the respondents is unable to distinguish this case from the case of Ex. MWO Bhupinder Singh (supra).

4. In Ex. MWO Bhupinder Singh’s case (supra), it has been held that the disability of ‘Primary Hypertension’ cannot be assessed to be neither attributable to nor aggravated by military service, even if, the onset thereof is in a peace area. This situation would cover the assessment of the disability on the ground of being constitutional in nature.

5. Accordingly, the Original Application deserves to be allowed. The finding of neither attributable to nor aggravated by military service is quashed. The applicant is held entitled to grant of disability element @ 30% rounded off to 50% w.e.f. 01.07.2009 for life. Corrigendum Pension Payment Order be issued within a period of three months from the date of receipt of certified copy of this order by the learned counsel for respondents/OIC Legal Cell. Arrears be also paid within the same period failing which they shall become payable with interest @ 6% per annum.

6. Arrears are not being confined to three years before the date of filing of the Original Application in view of judgment of Hon’ble Supreme Court in Civil Appeal No. 3086 of 2012, Balbir Singh Vs. Union of India & Others, dated 08.04.2016.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

15th Oct, 2026 ‘b’ REPORTABLE : NO