Dept of Ex Servicemen Welfare,
South Block, New Delhi.
Controller General of Defence Accounts (CGDA)
1. It is intimated that the Hon’ble Supreme Court vide its Judgment in the case no Civil Appeal 4949 of 2013 arising out of SLP (C) No 2940 of 2010 (Dharamvir Singh vs UOI) upheld the judgment passed by the Single judge dated 20 May 2004. As elaborated in Para 28 and 29 of the said judgment, the court has made it absolutely clear that ‘if a person at the time of entry into service was in sound physical and mental health and no entry of any disability exists in his record; then any disability occurring to the individual would be deemed to have occurred in service and would be attributed to and aggravated to military service’ and therefore such a person would be entitled to disability pension if it is 20 % or more. E-copy of Judgment attached.
2. There are a large number of Officers/JCOs/ORs who have been denied disability pension due to the remark ‘Neither attributed nor aggravated due to Military Service’ endorsed in their release medical board proceedings although such disabilities occurred during their service tenure and they had disability of 20% or more.
3. In view of facts as stated above, it is requested that the cases of such individuals who have proceeded on retirement without getting disability pension should be reviewed and the disability pension on account of ‘NANA’ which has been denied to them should be paid retrospectively.
4. It is not expected of every affected person to approach the ‘Courts’ individually or collectively to seek redressal for admissibility of the said disability pension, once the ratio has been established by the Hon’ble Supreme Court in the instant case. It will only increase the work load of the courts.
PS 5, AG’s Branch, AHQ,
Room No 419, A Wing, Sena Bhawan
DDG Veterans Cell,