NARESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition is to the orders dated August 04, 2023 (OA No. 1852/2019) and September 15, 2023 (RA 36/2023 in O.A. 1852/2019), passed by Armed Forces Tribunal, Principal Bench, New Delhi ('AFT", for short), whereby the AFT had partially allowed the O.A. filed by the petitioner herein by stating in paragraph 14, as under and dismissed the R.A.:

(2.) The facts as noted from the record and the submission of the learned counsel for the petitioner are, the petitioner was enrolled in the Indian Air Force on March 23, 1984. He was discharged from the Air Force service on March 31, 2019 under the clause 'On transfer to pension establishment other than request' after rendering 35 years of regular service.

(3.) At the time of his discharge from service, a Release Medical Board ('RMB", for short) dated September 12, 2018 was held which found the petitioner fit to be discharged from service in composite Low Medical Category-A4G4 (P) for the disabilities of (i) Primary Hypertension @30% (ii) Morbid Obesity @Nil (iii) PIVD L4-L5 (optd) @20% and (iv) Pre Diabetes (IFG+IGT) @15-19% compositely assessed @50% for life. The RMB has considered the IDs (i), (ii) and (iv) as neither attributable to nor aggravated by Air Force service. Disability (iii) was assessed as aggravated by service. The net qualifying element for disability was recorded at 20% for life in relation to the disability of PIVD L4-L5 (optd).