O.A. No. 103 of 2014. Case: P.S. Rajendran Vs Union of India and Ors.. Armed Forces Tribunal

Case NumberO.A. No. 103 of 2014
CounselFor Appellant: S.P. Ilangovan and B.A. Thayalan, Legal Practitioners and For Respondents: G. Venkatesan, CGC
JudgesS.S. Satheesachandran, J. (Member (J)) and Lt. Gen. K. Surendra Nath, Member (Ad.)
IssueService Law
Judgement DateSeptember 21, 2016
CourtArmed Forces Tribunal


Lt. Gen. K. Surendra Nath, Member (Ad.), (Regional Bench, Chennai)

1. We have passed an order on this O.A. No. 103 of 2014 on 6.3.2015 with directions to the respondents to convene a Review Medical Board at MH Chennai for the purpose of assessing the claim of disabilities, viz., "Generalized Epilepsy of Adult Onset" and "Facial Hemiatrophy (L)". As ordered by this Tribunal, the respondents had convened the RMB at AFMC, Pune which was the convenient place for the applicant for being examined. The applicant was admitted and examined as directed by this Tribunal and the respondents have submitted their report with Review Medical Board proceedings.

2. In accordance with Regulations 101 and 106 of Pension Regulations for the Navy, 1964, an individual is entitled to disability pension on account of disability which is attributable to/aggravated by service and the disability is assessed at 20% or more. The Hon'ble Apex Court in its order in the case of Dharamvir Singh v. Union of India & Ors (Civil Appeal No. 4949 of 2013 arising out of SLP (C) No. 6940 of 2010) and followed by several subsequent judgments has summarized the guidelines for grant of disability pension. For a better understanding, relevant portions of the said order are reproduced below:-

"101. Conditions for the grant of disability pension:-

Unless otherwise specially provided, a disability pension may be granted to a person who is invalided from service on account of a disability which is attributable to or aggravated by service and is assessed at twenty percent or over.

Explanation (1) - The question whether a disability is attributable to or aggravated by service shall be determined in accordance with the rules contained in Appendix V to these regulations.

Explanation (2) - Service rendered in aid of the civil power shall be treated as service in the Indian Navy for the purpose of this regulation."

Xx xx xx xx

106. Rank for assessment of disability pension:-

(1) The rank for assessment of the service and disability elements of disability pension shall be the substantive rank held by an individual on the date of invaliding from service.

(2) For so long as promotions are made on paid acting basis, the service and disability elements shall be reckoned on the paid acting rank held by the individual on any of the following dates, whichever is the most favourable, namely:-

(a) the date of invaliding from service; or

(b) the date on which he sustained the wound or injury or...

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