Ramesh Kumar vs Union of India on 22 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (J),

The applicant was discharged from Air Force at his own request on 31.08.2012. He was in a Permanent Low Medical Category on account of disabilities of (a) ‘PIVD L5-S1’, the extent of which was assessed to be 30% and aggravated by military service and (b) ‘Primary Hypertension’, the extent of which was assessed to be 30% for life but neither attributable to nor aggravated by military service. Claim for grant of disability element for the disability of ‘PIVD L5-S1’ was accepted. The applicant is aggrieved because he has not been given the benefit of disability element for the disability of ‘Primary Hypertension’.

2. Learned counsel for the applicant has submitted that the reason for declaring the disability of ‘Primary Hypertension’ to be neither attributable to nor aggravated by military service only is a reference to Para No.43 of Chapter-VI of the Guide of Medical Officers (Military Pensions)-2002 (GMO-2002), as amended in 2008. This is not sufficient to discharge the onus placed upon the respondents by Rule 7 of the Entitlement Rules for

OA 483 of 2023, Ex Sgt. Ramesh Kumar Vs UOI & Ors. -2- Casualty Pensionary Awards to Armed Forces Personnel, 2008 (hereinafter referred to as ER, 2008). Thus, the finding deserves to be quashed.

3. Learned counsel for the respondents has submitted that the onset of the disability of ‘Primary Hypertension’ was at Ambala, which is a peace station. Thus, the finding of neither attributable to nor aggravated by military service was justified.

4. Rule 7 of ER, 2008 clearly says that a claimant is not required to prove his entitlement. It is upon the respondents to prove the conditions of non-entitlement. By making a reference to a particular paragraph of the GMO-2002, the requirement of the onus placed upon the respondents has not been fulfilled. Thus, the finding of neither attributable to nor aggravated by military service is illegal and improper.

5. The submission of learned counsel for the respondents that the onset of the disability was in a peace area is also rejected because this Regional Bench has held in OA No.861 of 2022, Ex. MWO Bhupinder Singh Vs Union of India and others, decided on 06.12.2024, that merely because onset of ‘Primary Hypertension’ is in a peace area, it cannot be assessed to be neither attributable to nor aggravated by military service.

6. Accordingly, the Original Application is allowed. The applicant is held entitled to grant of disability element for the disability of ‘Primary Hypertension’, the extent of which has been assessed to be 30% for life. Corrigendum Pension Payment Order be issued after the competent authority assesses the composite extent of the disabilities. The same be done within a

OA 483 of 2023, Ex Sgt. Ramesh Kumar Vs UOI & Ors. -3- period of three months from the date of receipt of certified copy of this order by learned counsel for the respondents/OIC Legal Cell. Benefit of rounding off will also be granted to the applicant. Arrears be also paid within the said period, failing which they shall become payable with interest at the rate of 6% per annum.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

22nd Oct, 2026 AKB

REPORTABLE OR NOT