Ex Sep Ram Khilari (Army) vs UOI & Others on 3 August 2026

**ORDER**

**03.08.2026**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off of War Injury Element from 20% to 50% wef 01/1/1996 for life coupled with interest @12% per annum in favour of the applicant.

**यतो न्यायः ततो जयः**

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 29/3/1968 and was discharged from service on 01/1/1984 after serving for more than 15 years in the rank of Sepoy. He was granted War Injury Pension @20% for life wef 01/6/1997, Annexure A/3, however, the applicant was not granted rounding off benefits to 50%, despite submission of representations to the Respondents. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army (The Rajput Regiment) on 29/3/1968 and was discharged from service on 10/1/1984 under Rule 13 (3) Item III (i) on fulfilling the conditions of his enrolment in low medical category, BEE (Permanent) due to the disability, "Shell Injury Thigh (Rt)". As per copy of AFMSF-15 of 10/10/1983, the disability of the applicant was considered as attributable to military service and assessed @20% for two years. Besides service pension for life, the applicant was granted disability element @20% for two years as assessed by the release medical board. Further RSMB assessed the disability of the applicant @ 20% and was granted disability element wef 01/10/1985 to 30/5/1995, vide PPO dated 05/11/1985. Further RSMB held at MH Agra on 27/3/1995 assessed the disability of the applicant @ Zero Percent Permanent wef 31/5/1995. Respondents have further submitted that as per Govt of India, Ministry of Defence letter dated 19/1/2010, the provision of rounding off of disability element is applicable to those low medical category personnel who were invalided out from service before completion of terms of engagement/service conditions. Since the applicant was not invalided out from service before completion of his terms of service, his disability cannot be rounded off to 50% in terms of Govt of India, Ministry of Defence letter dated 31/1/2001.

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 while in service, the applicant sustained "Shell Injury Thigh (Rt)" and whether the injury sustained by the applicant during enemy shelling or while engaging with the inimical forces on the border state has not been elucidated by the Respondents in their reply statement. The applicant was discharged from service wef 10/1/1984 on fulfilling the terms of his engagement under Rule 13 (3) Item III (i) of Army Rules 1954 and was granted service pension for life. The duly constituted Release Medical Board assessed the said disability of the applicant @20% for two years and considered it as attributable to military service. Based on the RMB and subsequent RSMB, the applicant was granted disability element wef his date of discharge till 30/5/1995. Final RSMB held at MH, Agra, on 27/3/1995 assessed the disability of the applicant @ Zero Percent (Permanent) wef 31/5/1995. As the disability was reduced to NIL percentage, the disability element was also stopped wef 31/5/1995.

6. However, since the disability of the applicant was a Shell Injury to Thigh and was considered as attributable to military service, we deem it appropriate to bring the Applicant before a fresh Re-assessment Medical Board (RAMB) to assess his present degree of disablement of this particular disability with which he was released from the Army, as the disability was reduced to NIL percentage in case of a Shell Injury as assessed by the RSMB held in Mar 1995.

7. We, therefore, direct the Respondents to constitute a onetime Re-assessment Medical Board (RAMB) at the designated Military Hospital for the examination of the Applicant towards the aforesaid purpose within eight months from the date of receipt of a certified copy of this Order and to inform the Applicant the date and venue for his presence. The RAMB will give its opinion on the present medical condition of the Applicant for the said Disability, "**Shell Injury Thigh (Rt)**", only with which he was discharged from service in Low Medical Category and assess the degree of Disability and the probable duration of the degree of disablement alongwith any other observation relevant to the case. The copy of RAMB proceedings shall be placed before the Competent Authority for their examination to consider whether the applicant is to be granted disability element or otherwise in accordance with extant rules and regulations. Before departing we make it clear that in case the Disability Element is proposed to be granted on the basis of RAMB recommendations, the disability element of disability pension shall be granted to the applicant wef the date of holding of the RAMB alongwith rounding off benefits given the fact that there has been an inordinate delay of more than two decades in his approaching this Tribunal since discontinuation of his disability element in his favour. The outcome of the same shall be intimated to the applicant.

- 8. OA is disposed off accordingly. No order on costs.

- 9. Pending application, if any, also stands disposed off.

SNXXXX

SDXXXX

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-

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सत्यमेव जयते

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