In a veteran-friendly decision, the Armed Forces Tribunal (AFT), Regional Bench, Lucknow (Circuit Bench, Nainital) has allowed disability pension with rounding off benefits to Ex-Havildar Barat Singh of Brigade of The Guards in O.A. No. 570 of 2025, decided on October 10, 2025 by a bench comprising Justice Anil Kumar (Member (J)) and Vice Admiral Atul Kumar Jain (Member (A)).
The applicant, Army No. 13691813Y, was enrolled on 01.10.1990 and found physically and mentally fit. After over 23 years of exemplary service, he was invalided out on 31.01.2014 (AN) in low medical category under Army Rule 13(3) Item III(iii)(a)(i). He is already receiving service pension.
The Release Medical Board (RMB) held on 19.11.2013 at 159 General Hospital assessed three disabilities:
- Primary Hypertension @30%
- Type-II Diabetes Mellitus @20%
- Alcohol Dependence Syndrome NIL
Composite assessment: 40% for life.
Crucially, the RMB opined the disabilities as neither attributable to nor aggravated (NANA) by military service, citing overweight as the cause. Consequently, the claim was rejected vide letter dated 04.04.2014.
Aggrieved, the veteran approached the AFT in 2025, contending that since he was fit at enrolment with no note of any disease in service records, the disabilities contracted during service must be deemed attributable/aggravated by military stress and strain.
Following the settled law in Dharamvir Singh v. Union of India (2013) 7 SCC 316, the Tribunal held that when a member is discharged in low medical category and disabilities arise during service without any pre-enrolment note, the presumption is that they are attributable to or at least aggravated by military service unless the authorities prove otherwise with cogent evidence. The bench noted that hypertension and diabetes are lifestyle diseases significantly impacted by rigorous military life, posting in high-altitude/field areas, and mental stress.
Rejecting the respondents’ overweight plea as insufficient to rebut the presumption, the Tribunal declared both disabilities aggravated by service. Alcohol dependence being NIL required no consideration.
On rounding off, relying on Government of India policy letter dated 31.01.2001 and subsequent clarifications post-Sukhvinder Singh v. Union of India, the AFT directed rounding off of the composite 40% disability to 50% for life.
The Original Application allowed.
- Respondents directed to grant disability element @50% from 01.02.2014 (date of discharge) with arrears within three months.
- 9% simple interest on arrears if payment delayed beyond period.
This judgment once again reaffirms the beneficial interpretation of Entitlement Rules and Pension Regulations for ex-servicemen suffering constitutional diseases, bringing relief to thousands of similarly placed veterans whose claims were rejected on NANA grounds.
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