Entitlement Rules for Casualty Pensionary Awards, 1982: Implementation of orders of Hon’ble Courts/AFTs in Neither Attributable to Nor Aggravated (NANA) by service cases


Entitlement Rules for Casualty Pensionary Awards, 1982: Implementation
of orders of Hon’ble Courts/AFTs in Neither Attributable to Nor
Aggravated (NANA) by service cases

*** F.No. 4(17)2015/D (Pen/Legal), Government of India, Ministry of
Defence, Department of Ex-Servicemen Welfare, D (Pension/Legal)*** Sena
Bhawan, New Delhi, Dated 29th June, 2017*** To, The Chief of the Army
Staff, The Chief of the Naval Staff
, The Chief of the Air Staff, Subject: – Implementation of orders of Hon’ble
Courts/AFTs in Neither Attributable to Nor Aggravated (NANA) by service
cases*** The Hon’ble Supreme Court in its order dated 02.07.2013 in Civil
Appeal No. 4949/2013 filed by Dharamvir Singh Vs Union of lndia & Ors.
held the following

F.No. 4(17)2015/D (Pen/Legal)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare
D (Pension/Legal)
Sena Bhawan, New Delhi
Dated 29th June, 2017

To

The Chief of the Army Staff

The Chief of the Naval Staff

The Chief of the Air Staff


Subject: – Implementation of orders of Hon’ble Courts/AFTs in Neither
Attributable to Nor Aggravated (NANA) by service cases

The Hon’ble Supreme Court in its order dated 02.07.2013 in Civil Appeal No.
4949/2013 filed by Dharamvir Singh Vs Union of lndia & Ors. held the
following:-

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I. The question whether a disability is attributable or aggravated by
military service is to be determined under “Entitlement Rules for Casualty
Pensionary Awards, 1982”.

II. A member is to be presumed in sound physical and mental condition upon
entering service if there is no note or record at the time of entrance. in
the event of his subsequently being discharged from service on medical
grounds any deterioration in his health is to be presumed due to service.

III. If no note of any disability or disease was made at the time of
individual’s acceptance for military service, a disease which has laid to
an individual’s discharge or death will be deemed to have arisen in the
service.

IV. If medical Opinion holds that the disease could not have been detected
on medical examination prior to the acceptance for service and that disease
will not be deemed to have arisen during service, the medical board is
required to state the reasons.

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2. In view of the above judgment of Hon’ble Supreme Court, matter for
implementation of orders of Hon’ble Courts/AFTs in respect of Armed Forces
Personnel in NANA cases was taken up with Department of Expenditure,
Ministry of Finance for consideration. Deptt. of Expenditure has agreed to
implement those orders of Hon’ble Courts/AFTS where all legal remedies have
been exhausted. In cases where appeals are pending or could be filed, the
legal remedies may be exhausted and thereafter, if the appeals are
dismissed, the Court/AFT orders may be implemented.

3. Accordingly, I am directed to convey the approval of Competent Authority
in Ministry of Defence for implementation of orders of Hon’ble Courts/AFTs
in Neither Attributable to Nor Aggravated (NANA) by service cases as
under:-

a. Service Hqrs.. may await the orders of Hon’ble Apex Court in those NANA
cases in which SLPs/Civil Appeals have already been filed. In case Civil
Appeals are dismissed, Service Hqrs. may issue absolute sanction at their
level with the approval of competent authority.

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b. Service Hqrs. may implement the orders of Hon’ble Courts/AFTS in NANA
cases by issuing absolute sanction keeping in view the order dated
02.07.2013 of Hon’ble Apex Court in Dharamvir Singh’s case (Civil Appeal
No. 4949/2013).

c. In those NANA cases in which conditional sanction have been issued by
the Service Hqrs. with the approval of competent authority in MoD, Service
Hqrs. may convert conditional sanction into absolute sanction with the
approval of competent authority.

This issues with concurrence of MoD (Fin/Pen) vide U.O. No. 1631/Fin/Pen
dated 21.06.2017.

sd/-
(Ajay Kumar Agrawal)
Under Secretary to the Govt. of India

Source:
DESW.GOV.IN/PDF

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