Mr. Jitesh Vikram Srivastava, Sr. PC Mr. Prajesh Vikram Srivastava, Adv. for UOI with v. GP CAPT SHASHI KANT MISHRA

Judgment

1. This petition assails orders dated 27 February 2024 passed by the Armed Forces Tribunal1 in OA 97/2022 whereby the respondent’s application for grant of disability pension on the ground that he suffers from Coronary Artery Disease ASMI DVD (LAD and LCX) P/PCI to LAD.Normal LV Function2 and Primary Hypertension composite 51% rounded off to 75%, has been allowed by the AFT.

2. The issue is covered by a recent decision rendered by us in UOI Signature Not Verified 1 “the AFT”, hereinafter 2 “CAD”, hereinafter Digitally Signed By:AJIT KUMAR Signing Date:03.12.2025 20:02:47 W.P.(C) 18181/2025 v Ex Sub Gawas Anil Madso3.

Nonetheless, we have heard Mr. Jitesh Vikram Srivastava, SPC for the petitioners, and have perused the record.

4. The respondent was released in Low Medical Category on his being found to be suffering from CAD and Primary Hypertension. From the record, including the proceedings of the Release Medical Board4, the following facts emerged: (i) The respondent had served in the Air Force for over 33 years before he was diagnosed as suffering from CAD and Primary Hypertension. (ii) The respondent, in his self-declaration, specifically declared that he had not been suffering from CAD and Primary Hypertension prior to joining the Air Force. The declaration reads thus:

2.(a) Did you suffer from any disability before joining the Armed Forces? If so give details and dates. NO The correctness of this declaration is not doubted either by the RMB or by the petitioner before the AFT or before this Court. (iii) The reason regarding the CAD and primary hypertension 3 318 (2025) DLT 711 4 “RMB”, hereinafter Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:03.12.2025 20:02:47 W.P.(C) 18181/2025 suffered by the respondent has not been attributable to military service, as entered by the RMB reads thus: “Coronary Artery Disease ASMI DVD (LAD and LCX) P / PCI to LAD. Normal LV Function 125.1: The onset of disability was in peace area and individual continued to serve in peace station after the onset, till retirement. The 14 days charter of duties placed on file does not reveal exposure to exceptional physical, mental or emotional service related stress. He was managed appropriately at service hospitals and there was no service related worsening. Hence, disability is conceded as NANA by service in terms of para 47, Chapter VI, GMO 2002, amended 2008. It is a life style disorder. Primary Hypertension: there is no close Onset of disability is in peace area, association with Field/CI-OPS/HAA, and there is no delay in diagnosis/treatment. Hence, not connected with military service, vide Para 43 of Chapter VI of GMO 2008 (Mil Pens).” (iv) We have already held, in our judgment in Gawas Anil Madso, that where the applicant was not suffering from the ailment at the time of entry into service, the RMB is required to positively identify the cause for the ailment, to justify a finding that it is not attributable to military service. The Commanding Officer’s certificate specifically states that the respondent was not responsible, owing to any act or omission of his, for the ailment from which he was suffering. The entry in that regard reads as under:

2. (a) Was the disease/disability attributable to the individual’s own negligence or misconduct? If Yes, in what way? No. Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:03.12.2025 20:02:47 W.P.(C) 18181/2025 (v) Regarding para 43 of the Chapter VI of the GMO 2008, we have, in our judgment in UOI v WO Binod Kumar Sah (Retd5), observed thus: “12. Para 43 of the Chapter VI of the GMO 2008, vivisected into its individual components, specifies that, while dealing with hypertension the RMB is required to determine whether the (i) hypertension is primary or secondary, (ii) the hypertension is secondary, entitlement consideration should be directed to the underlying disease process, for essential hypertension (iii) where disablement appears to have arisen to, or become worse in, service, it has to be considered whether service compulsion caused aggravation, frequent (iv) in cases where the disease has been reported after Field/HAA/Active Operational Areas, the case could be explained by variable response exhibited by different individuals to stressful situations and service spells considered (v) primary hypertension would be aggravated if it occurred while the officer was serving in field areas, HAA, CIOPS areas or prolonged afloat service.” (vi) Regarding para 47 of Chapter VI of the GMO 2008, we have, in our judgment in Union of India v. Dharmendra Prasad6 observed thus: “ 10.2 We have seen para 47 of the 2008 Guidelines, which read as under:— Signature Not Verified 5 2025 SCC OnLine Del 2355 6 2025 SCC OnLine Del 2549 Digitally Signed By:AJIT KUMAR Signing Date:03.12.2025 20:02:47 W.P.(C) 18181/2025 Ischaemic Heart Disease (IHD). IHD is a 47. spectrum of clinical disorders which includes asymptomatic IHD, chronic stable angina, unstable infarction and sudden angina, acute myocardial cardiac death (SCD) occurring as a result of the process of atherosclerosis. Plaque fissuring and rupture is followed by deposition of thrombus on the atheromatous plaque and a variable degree of occlusion of the coronary artery. A total occlusion results in myocardial infarction in the territory of the artery occluded. Prolonged stress and strain hastens atherosclerosis by triggering of neurohormonal mechanism and autonomic storms. It is now well established system autonomic disturbances precipitated by emotions, stress and strain, through the agency of catecholamines affect the lipid response, blood pressure, increased platelet aggregation, produce ECG abnormality and arrhythmias. nervous The service in field and high altitude areas apart from physical hardship imposes considerable mental stress of solitude and separation from family leaving the individual tense and anxious as quite often separation entails running of separate establishment, financial crisis, disturbance of child education and lack of from this, compulsory group living restricts his freedom of activity. These factors jointly and severally can become a chronic source of mental stress and strain precipitating an attack of IHD. IHD arising in while serving in Field area/HAA/CI Ops area or during OPS in an indl who was previously in SHAPE-I will be considered as attributable to mil service. family. Apart security for Entitlement decided as follows:— in Ischemic heart disease will be (a) Attributability will be conceded where : A myocardial infarction arises during service in close time relationship to a service compulsion involving severe trauma or exceptional mental, emotional or physical strain, provided that the interval between the incident and the development of symptoms is approximately 24 to 48 hours. IHD arising in while serving in Field area/HAA/CI Ops area or during OPS in an indl who was Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:03.12.2025 20:02:47 W.P.(C) 18181/2025 previously in SHAPE-I will be considered as attributable to mil service. disease Attributability will also be conceded when the underlying thrombus arising out of trauma in case of boxers and surgery, infectious diseases. E.g. Infective endocarditis, exposure to HAA, extreme heat. embolus either (b) Aggravation will be conceded in cases in which there is evidence of:— conceded IHD occurring in a setting of hypertension, diabetes and vasculitis, entitlement can be judged on its own merits and only aggravation cases. Also aggravation may be conceded in persons having been diagnosed as IHD are required to perform duties in high altitude areas, field areas, counter insurgency areas, ships and submarines due to service compulsions. There would be cases where neither immediate nor prolonged exceptional stress and strain of service is evident. In such cases the disease may be assumed to be the result of biological factors, heredity and way of life such as indulging in risk factors e.g. smoking. Neither attributability nor aggravation can be conceded in such cases.” (vii) The RMB has certified the respondent as suffering from 51% disability on account of CAD and primary hypertension, for life.

5. Thus, we find that even the specialist who examined the respondent did not arrive at any conclusion that the CAD and Primary Hypertension from which the respondent suffered was not attributable to military service.

6. Signature Not Verified In such circumstances, we have held in the decision in Ex Sub Digitally Signed By:AJIT KUMAR Signing Date:03.12.2025 20:02:47 W.P.(C) 18181/2025 Gawas Anil Madso that the respondent would be entitled to disability pension.

7. We do not deem it necessary to reproduce our findings in the said decision, so as not to burden this judgment.

8. We have also been conscious of the fact that we are exercising certiorari jurisdiction over the decision of the AFT and are not sitting in appeal over the said decision.

9. The parameters of certiorari jurisdiction are delineated in the following passages of Syed Yakoob v K.S. Radhakrishnan7: “7. The question about the limits of the jurisdiction of High Courts in issuing a writ of certiorari under Article 226 has been frequently considered by this Court and the true legal position in that behalf is no longer in doubt. A writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals: these are cases where orders are passed by inferior courts or tribunals without jurisdiction, or is in excess of it, or as a result of failure to exercise jurisdiction. A writ can similarly be issued where in exercise of jurisdiction conferred on it, the Court or Tribunal acts illegally or properly, as for instance, it decides a question without giving an opportunity, be heard to the party affected by the order, or where the procedure adopted in dealing with the dispute is opposed to principles of natural justice. There is, however, no doubt the jurisdiction to issue a writ of certiorari is a supervisory jurisdiction and the Court exercising it is not entitled to act as an appellate Court. This limitation necessarily means that findings of fact reached by the inferior Court or Tribunal as result of the appreciation of evidence cannot be reopened or questioned in writ proceedings. An error of law which is apparent on the face of the record can be corrected by a writ, but not an error of fact, however grave it may appear to be. In regard to a finding of fact recorded by the Tribunal, a writ of Signature Not Verified 7 AIR 1964 SC 477 Digitally Signed By:AJIT KUMAR Signing Date:03.12.2025 20:02:47 W.P.(C) 18181/2025 certiorari can be issued if it is shown that in recording the said finding, the Tribunal had erroneously refused to admit admissible and material evidence, or had erroneously admitted inadmissible evidence which has influenced the impugned finding. Similarly, if a finding of fact is based on no evidence, that would be regarded as an error of law which can be corrected by a writ of certiorari. In dealing with this category of cases, however, we must always bear in mind that a finding of fact recorded by the Tribunal cannot be challenged in proceedings for a writ of certiorari on the ground the relevant and material evidence adduced before the Tribunal was insufficient or inadequate to sustain the impugned finding. The adequacy or sufficiency of evidence led on a point and the inference of fact to be drawn from the said finding are within the exclusive jurisdiction of the Tribunal, and the said points cannot be agitated before a writ Court. It is within these limits that the jurisdiction conferred on the High Courts under Article 226 to issue a writ of certiorari can be legitimately exercised (vide Hari Vishnu Kamath v Syed Ahmad Ishaque8, Nagandra Nath Bora v and Appeals Assam9 Commissioner and Kaushalya Devi v Bachittar Singh10. of Hills Division the conclusion of It is, of course, not easy to define or adequately describe 8. what an error of law apparent on the face of the record means. What can be corrected by a writ has to be an error of law; hut it must be such an error of law as can be regarded as one which is apparent on the face of the record. Where it is manifest or clear law recorded by an inferior Court or Tribunal is based on an obvious mis-interpretation of the relevant statutory provision, or sometimes in ignorance of it, or may be, even in disregard of it, or is expressly founded on reasons which are wrong in law, the said conclusion can be corrected by a writ of certiorari. In all these cases, the impugned conclusion should be so plainly inconsistent with the relevant statutory provision that no difficulty is experienced by the High Court in holding that the said error of law is apparent on the face of the record. It may also be that in some cases, the impugned error of law may not be obvious or patent on the face of the record as such and the Court may need an argument to discover the said error; but there can be no doubt that what can be corrected by a writ of certiorari is an error of law and the said error must, on the whole, be of such a character as would satisfy the test that it is an error of law apparent on the face of the record. If a statutory provision is reasonably capable of two constructions and one construction has been adopted by the inferior