Notes

Parkash Singh (Airforce)

1. The air veteran has undergone primary medical examination and declared fit for enrolment in IAF vide AFMSF-2A dated 14 Oct 1976.
2. The air veteran initially placed in LMC A4G4 (T-24) for ID-CARCINOMA URINARY BLADDER (SUPERFICIAL LOW GRADE) vide AFMSF-15 dated 17 Apr 2007 while serving at 7 BRD, AF. During subsequent review he was placed in LMC A4G4 (T-24) vide AFMSF-15 dated 11 Oct 2007. He was reviewed regularly for ID-Transitional Cell Carcinoma Urinary Bladder for the disability.
3. His Released Medical Board not solely on medical ground was held at Air Force Station Kanpur vide AFMSF-16 dated 18 Jan 2008 and found him fit to be released from service in low medical category A4G3 (P) for ID-TRANSITIONAL CELL CARCINOMA URINARY BLADDER. RMB has considered his disabilities as neither attributable to nor aggravated by service [Reason: Disability is constitutional in nature]. The Percentage of disablement was assessed @ 20% for disability for lifelong. Disability qualifying element for disability pension was NIL. His RMB was approved by Dy PMO HQ MC, IAF dated 06 Mar 2008.

Parawise Comments:-
Para 4(i). The air veteran has undergone primary medical examination and declared fit for enrolment in IAF vide AFMSF-2A dated 22 Nov 1976 and discharged from service on 30 Nov 2008 in Low Medical category A4G3(P).
His Release Medical Board not solely on medical ground was held at Air Force Station Kanpur vide AFMSF-16 dated 18 Jan 2008 and found him fit to be released from service in low medical category A4G3(P) for ID-TRANSITIONAL CELL CARCINOMA URINARY BLADDER. RMB has considered his disabilities as neither attributable to nor aggravated by service [Reason: Disability is constitutional in nature]. The Percentage of disablement was assessed @ 20% for disability for lifelong. Disability qualifying element for disability pension was NIL. His RMB was approved by Dy PMO HQ MC, IAF dated 06 Mar 2008.
Para 4 (ii) to (iv). No comments, Rest comments by Wg Cdr AV (A&N) appeal.
Para 5.1. His Release Medical Board not solely on medical ground was held at Air Force Station Kanpur vide AFMSF-16 dated 18 Jan 2008 and found him fit to be released from service in low medical category A4G3(P) for ID-TRANSITIONAL CELL CARCINOMA URINARY BLADDER. RMB has considered his disabilities as neither attributable to nor aggravated by service [Reason: Disability is constitutional in nature]. The Percentage of disablement was assessed @ 20% for disability for lifelong. Disability qualifying element for disability pension was NIL. His RMB was approved by Dy PMO HQ MC, IAF dated 06 Mar 2008.
The medical test at the time of entry is not exhaustive, but its scope is limited to broad physical examination. Therefore, it may not detect some dormant disease. Besides, certain hereditary constitutional and congenital disease may manifest later in life, irrespective of service conditions. The mere fact that a disease has manifest during military service does not per se to establish attributability to nor aggravated by military service.
Rest comments have been given by Gp Capt AV (A&N-DP).
FACTS OF THE CASE
1. Air Veteran was enrolled in the IAF on 22 Nov 1976 and discharged IAF on 30 Nov 2008 under the clause on “On fulfilling the conditions of enrolment” after rendering total 32 years and 09 days of regular service including 12 days NQP).
2. RMB assessed his disability ID Traditional Cell Carcinoma Urinary Bladder @ 20% and recommended it as neither attributable to nor aggravated by AF Service. On adjudication, AOC AFRO has also upheld the recommendations of RMB and rejected the disability pension claim vide letter No RO/3305/3A/Med (Cat-D) dated 21 Apr 2008. The outcome was also communicated to the Air Veteran vide letter No.RO/2703/659041/11/08/P&W(DP/RMB) dated 24 Apr 2008 with an advice that he may prefer an appeal to the Appellate Committee within six months from the date of receipt of letter.
3. Adjudication memo and RMB proceeding are annexed for your ready reference.
4. Now, he has filed OA before the Hon’ble AFT (RB) Chandigarh for grant of disability element of pension alongwith rounding-off of disability element.
PARAWISE COMMENTS
4. Facts of the case
4 (i) to 4(iv). (a). Air Veteran was enrolled in the IAF on 22 Nov 1976 and discharged IAF on 30 Nov 2008 under the clause on “On fulfilling the conditions of enrolment” after rendering total 32 years and 09 days of regular service including 12 days NQP).
RMB assessed his disability ID Traditional Cell Carcinoma Urinary Bladder @ 20% and recommended it as neither attributable to nor aggravated by AF Service. On adjudication, AOC AFRO has also upheld the recommendations of RMB and rejected the disability pension claim vide letter No RO/3305/3A/Med (Cat-D) dated 21 Apr 2008. The outcome was also communicated to the Air Veteran vide letter No.RO/2703/659041/11/08/P&W(DP/RMB) dated 24 Apr 2008 with an advice that he may prefer an appeal to the Appellate Committee within six months from the date of receipt of letter.
Rest may be commented upon by AV(Med) and AV (Appeals)
Grounds for relief with legal provision.
5(i) to 5(vi). (a) As per Rule 153 of Pension Regulations for IAF, 1961 (Part-I), the primary conditions for the grant of disability pension are “Unless otherwise specially provided, disability pension may be granted to an individual who is invalided from service on account of a disability which is attributable to or aggravated by Air Force service and is assessed at 20% or over.” In other words, disability pension is granted to those who fulfill the following two criteria simultaneously:-
(i) Disability must be either attributable to or aggravated by service.
(ii) Degree of disablement should be assessed at 20% or more.
In the instant case RMB has assessed his disability as neither attributable to nor aggravated by service that caused non-fulfillment of the criteria (i) as above. Hence, he is not entitled for grant of disability pension a accordance with prevailing rules & policies. Since the Air Veteran is no entitled for disability element therefore the question of its rounding-off does not arise.
(b) Rest may be commented upon by AV (Med) and AV (Appeals).
(c) Further, Gol MoD vide letter No 4(17)2015/D (Pen/Legal) dated 29 Jun 2017 has issued policy letter that service HQs may implement the orders of Hon’ble Court/AFTs in neither attributable nor aggravated by the AF Services cases by issuing absolute sanction keeping in view the order dated 02 Jul 2013 of Hon’ble Apex Court in Dharamvir Singh’s case (Civil Appeal No. 4949/2013) for granting disability element of pension and Ministry of Defence vide letter No. 3(11)/2010-D(Pen/Legal)-Pt-V dated 18 Apr 2016 has also issued policy letter to implement the Court/AFTs orders granting broad banding of disability element to personnel retired of discharged on completion of terms of engagement with disability aggravated by or attributable to Military Service from the date mentioned in respective court orders.
PARAWISE COMMENTS:-
Para 4. Individual preferred his representations on 27 Mar 2019 and 02 May 2019 against rejection of disability pension after a lapse of approximately 10 years and 11 months from the date of intial adjudication rejection i.e 21 Apr 2008. His first appeal, being a time barred case, was not processed in terms of MoD letter 1(3)/2008/D(Pen/Pol) dated 17 May 2016 vide which the maximum time limit of five years has been fixed from date of initial adjudication rejection for making an appeal. Individual has been intimated about this fact vide Air HQ letter No Air HQ/99798/5/659041/TBS/Appeal/AV-III dated 09 Oct 2019 (copy annexued).