Union of India and Ors. v. Ex. Sgt Rohit Singh

1. This writ petition is directed against order dated 3 January 2024 passed by the Armed Forces Tribunal C.HARI SHANKAR, J. in OA 1021/2019, whereby the AFT has allowed the claim of the respondent to disability pension.

2. We have recently examined the entire law relating to allowability of claim for disability pension in our judgment in UOI v Ex Sub Gawas Anil Madso[2] “the AFT”, hereinafter and have scanned through the judicial authorities on the point.

3. We do not wish to burden this decision with a reiteration of what is contained in the said judgment.

4. Suffice it to state that, generally speaking, the Supreme Court has accorded pre-eminence to the issue of whether, at the time when the cadet or candidate was enrolled in military service, he was suffering from the ailment which was detected later. In the event that the answer is in the negative, it is obvious that the disease arose during the course of military service.

5. In that event, the Supreme Court has held that the onus would be on the Release Medical Board[3] to establish, positively, that the disease was not attributable to military service. This has to be established by cogent material, and cannot be left to hypothesis.

6. Rule 7 of the presently existing 2008 Rules governing entitlement to disability pension, to which, too, the decision makes reference, also makes it clear that, save and except where the claim is raised at a highly belated stage of 15 years or more since the date of disability or discharge or retirement, the officer cannot be called upon to positively prove that the ailment was attributable to military service, and the onus in that regard would be on the establishment. “RMB”, hereinafter

7. The record and report of the RMB, therefore, assume primordial significance.

8. In the present case, the officer was found to be suffering from Ulcerative Colitis.

9. We have seen the report of the RMB.

10. Admittedly, the respondent joined service with the Armed Forces on 16 March 1993 and it was only on 7 March 2005, 12 years thereafter, that the respondent was first found suffering from Ulcerative Colitis.

11. The personal statement tendered by the respondent before the RMB specifically stated that he was not suffering from any disability before he joined the Armed Forces, and this statement has not been doubted either by the RMB or in the pleadings before the AFT or in the writ petition filed before us.

12. We have, therefore, adverted to the reasoning contained in the report of the RMB, for the view that the Ulcerative Colitis from which the respondent suffered was not attributable to military service. It reads thus: PART- V

1. Casual relationship of the disability with service conditions or otherwise: OPINION OF THE MEDICAL BOARD Disability Attributable to service (Yes/No) Aggravated By service (Yes/No) Not Connected with Service (Yes/No) Reason/Cause Specific conditions and period of service Liberative Colitis (Old) ICD No: Z-09.0 No No Yes An idiopathic disorder. No close time association with stress/strain /dietary compulsion of Fd/HAA/CIOPS. NANA as per chapter VI Para 61 Guide to MO (Mil Pen) 2002.

13. Para 61, to which the aforesaid opinion refers, is not on record. Nonetheless, the only reason contained in the opinion is that the disease is an idiopathic disorder, and that the respondent had no close time association with stress, strain, dietary compulsion of Field/HAA/CI Ops.

14. An idiopathic disorder, in medical terminology, is one which arises spontaneously, or owing to some unknown cause.