Supreme Court - Daily Orders
Commander Rakesh Pande vs Union Of India on 28 November, 2019
Bench: L. Nageswara Rao, Hemant Gupta
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).5970 of 2019
COMMANDER RAKESH PANDE Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
O R D E R
The appellant was commissioned into the Executive Branch of the Indian Navy on 01.01.1981 and took premature retirement from Naval Services after completing 20 years of service on 30.04.2001. He was found to be suffering from Non-Insulin Dependent Diabetes Mellitus(NIDDM) and Hyperlipidaemia when he was posted as Chief Staff Officer(Personnel, Administration & Logistics) at Goa Naval Area in November, 1998. He was downgraded medically to SHAPE 2 (S2A2) and thereafter to SHAPE 3 (S3A2) on 29.02.2000.
At the time of his retirement, the Release Signature Not Verified Digitally signed by BALA PARVATHI Date: 2019.11.30 Medical Board (RMB) assessed his degree of 12:45:44 IST Reason: disablement @ 20% for NIDDM and 6-10% for 2 Hyperlipidaemia for a period of 5 years. The appellant was not granted disability pension as his medical disability was assessed as neither attributable to nor aggravated by military service.
The request made by the appellant for disability pension was rejected by an order dated 12.07.2016, aggrieved by which he approached the Armed Forces Tribunal, Principal Bench, New Delhi. It was contended on behalf of the appellant before the Tribunal that he was entitled for the disability pension inspite of his premature retirement. The Tribunal held in his favour and found him entitled for disability pension at 20% for 5 years w.e.f. 1.5.2001 which was broad banded to 50% in light of the judgment of this Court in Union of India & Ors. vs. Ram Avtar (Civil Appeal No.418 of 2012). The contention of the appellant that the disability should be purported to be for life was not accepted by the Tribunal.
The learned counsel for the appellant referred to a letter dated 07.02.2001 of the Government of India which dealt with the modalities for implementation of the recommendations of the 5th 3 Central Pay Commission. The assessment with regard to percentage of disability as recommended by the Release Medical Board was dealt with in the said letter. The assessment made by the Medical Board shall be treated for life except in case of disability which is not of a permanent nature, unless the individual requests for a review.
Ms. Praveena Gautam, learned counsel appearing for the Union of India relied upon para 7 of the said letter which refers to reassessment of disability. She also relied upon a judgment of this Court in NO.14666828M EX CFN Narsingh Yadav Vs. Union Of India And Ors. [2019 (9) SCC 667] to submit that each case has to be examined on its own merits.
Para 7 of the letter dated 07.02.2001 provides that no periodical reviews by the Resurvey Medical Boards shall be held for reassessment of disabilities. In case of disabilities adjudicated as being of permanent nature, the decision once arrived at will be for life unless the individual himself requests for a review. The appellant is afflicted with diseases which are of permanent nature and he is entitled to disability pension for his life which cannot be restricted for a 4 period of 5 years. The judgment cited by Ms.Praveena Gautam, learned counsel is not relevant and not applicable to the facts of this case. Therefore, the appeal is allowed and the appellant shall be entitled for disability pension @ 50% for life.
Pending application, if any, stand disposed of.
....................J (L. NAGESWARA RAO) ....................J (HEMANT GUPTA) NEW DELHI;
28th NOVEMBER, 2019
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ITEM NO.2 COURT NO.11 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).5970/2019
COMMANDER RAKESH PANDE Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.104102/2019-LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007 ) Date : 28-11-2019 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE HEMANT GUPTA For Appellant(s) Mr. Sukhjinder Singh,Adv.
Mr. Alok Gupta, AOR For Respondent(s) Ms. Madhavi Diwan,ASG Ms. Praveena Gautam,Adv. Mr. Jitendra Kumar Tripathi,Adv. Ms. Nidhi Khanna,Adv.
Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order. Pending application, if any stand disposed of.
(B.Parvathi) (Anand Prakash)
Court Master Court Master
(Signed order is placed on the file)