Maj BS Shekhawat Retd Army vs UOI Others on 10 August 2026

O R D E R

10.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA with the following prayers :- (a) That the application of the applicant be allowed and the Applicant be granted Service Element alongwith Disability element as applicable to the rank of a Major held by the applicant at the time of his invalidment from service; (b) He be sanctioned disability pension for the period 17/10/2001 to 27/5/2008 at the scale of 20% disability alongwith rounding off benefits of his disability @50% wef 17/10/2001 for life ;

(c) Direction be given to the Respondents to take up the matter with the AGI for grant of AGI benefits as applicable on invalidment with disability pension; (d) He be paid one time grant of ACWF of Rs One Lac as applicable to soldiers invalided out of service wef 01/5/1999 having been injured during Op RAKSHAK; (e) Pay Ex Gratia to the applicant as applicable to Battle Casualties of all operations entitled vide Army HQ letter dated 03/9/1999 and (f) The arrears of disability pension and other grants be paid alongwith 12% interest per annum and any other relief which the Hon’ble Tribunal considers appropriate in the matter.

2. Vide Reply Statement, the Respondents have submitted that TA No 42011 Maj (Retd) Bhagirath Singh Shekhawat, was granted commission in Territorial Army (TA) on 18/12/1986 vide MS Branch letter dated 11/3/1987, Annexure R/1. The officer was prematurely released from the TA service wef 17/10/2001, Annexure R/2. He had rendered a cumulative commissioned service of 14 years, 10 months and six days out of which embodied service was for four years, four months and 12 days. He had sustained injury, “Acute Lumbago” during Operation RAKSHAK on 17/4/1991 and was downgraded to low medical category S1H1A2P1E1 (Permanent) wef July 1993. The applicant was prematurely released from TA service with disability @15-19 % for two years. Vide application dated 11/4/2003 the applicant preferred an application against the opinion of the medical board, which was accepted by the Competent Authority and considered the disability of the applicant @20%. However, the PCDA (P), rejected the plea of the applicant on the ground that the disablement recommended by the RMB is less than 20% which had been approved by the next higher authority, would be treated as final and for life unless the individual himself requests a review. Thereafter, the applicant applied for Appeal Medical Board vide his Application dated 24/10/2005, Annexure R/7. Accordingly, sanction was accorded by the DG AFMS for holding an Appeal Medical Board vide their letter dated 01/02/2007. The Appeal Medical Board recommended the disability of the applicant as attributable to military service and

assessed @20% for life wef 28/5/2008 and PPO was issued by granting relief for life by the PCDA (P).

3. During the course of final hearing held on 10/8/2026, counsel for the applicant has vehemently argued that the applicant had rendered more than 14 years of service and was invalided out from service on medical grounds and, therefore, he is eligible for grant of disability pension for life. She has also prayed for grant of disability pension for the intervening period wef 17/10/2001 to 27/5/2008.

4. We have heard the counsels for the parties and perused the material on record.

5. It is evident from the material on record that the applicant was commissioned as a Territorial Army Officer on 18/12/1986. Since the applicant was in low medical category, which was below the accepted level of medical status for his further retention in TA service, the Unit authorities had taken up the case with Competent Authority for his release and, therefore, he was released from the TA service wef 17/10/2001 under TA Act Rule 14 (c) of TA Regulations 1948 read in conjunction with Army Rule 15 (a) as has been accepted by the Govt of India, Ministry of Defence, vide their letter dated 17/10/2001. He had rendered an Embodied Service of four years, four months and 12 days onlyout of his total commissioned service of 14 years, 10 months and six days in the TA. The duly constituted RMB assessed the disability of the applicant, “Acute Lumbago” 15-19% for two years and considered it as attributable to military service as the applicant sustained injury while performing military service in Operation RAKSHAK. He was not granted disability element as it was assessed @ less than 20% in terms of extant rules on the subject. Based on the Appeal of the applicant against the opinion of the Medical Board, an Appeal Medical Board of the applicant was conducted which assessed the ibid disability of the applicant @20% for life wef 28/5/2008, ie, from the date of holding of the Appeal Medical Board. Accordingly, the applicant was granted disability element of pension@20% wef 28/5/2008 for life vide PPO No M/Dis/26/2009. In view of this, since the applicant has been granted

disability element for life, we are of the opinion that the applicant is also eligible for grant of rounding off benefits of his disability element from the existing 20% to 50% in terms of extent policy. The issue with regard to grant of rounding off benefits of disability element has since been settled by the Hon’ble Apex Court vide its Judgment dated 12/2/2026 in the case of Union of India through its Secretary &Ors Vs Sgt Girish Kumar & Orsetc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. The prayer of the counsel for the applicant for grant of relief for the period wef17/10/2001 to 27/5/2008 alongwith other prayers have no merit and are rejected as the applicant was a Territorial Army commissioned officer with the terms and conditions specific to the TA service and he was released from service due to his medical condition after rendering an Embodied service of a little over four years. This fact has also been conceded by the Applicant himself during the final hearing. Moreover, the disability of the applicant was assessed @20% by the duly appointed Appeal Medical Board wef 28/5/2008, ie, the date of holding the Medical Board.

6. In-fine, the OA is partly allowed and the Respondents are directed to grant rounding off benefits of his disability element from the existing 20% to 50% wef 28/5/2008 for life. The arrears accruing thereof, shall be granted to the applicant within a period of six months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% per annum on the whole amount till its actual payment.

7. The OA is disposed off accordingly. No order on costs.

8. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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