Ex Nk Sultan Singh (Army) vs UOI & Others on 22 July 2026

O R D E R

22.07.2026 MA No 412/2017

1. The Applicant has filed this MA praying for condonation of delay involved in filing the OA. The condonation of delay would be considered alongwith the OA.

OA No 262/2017

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for quashing and setting aside letter/communication dated 08/4/2017 and that the Respondents be directed to grant disability element @50% wef 01/1/1996 for life and the disability element paid @20% from 01/1/1996 to 13/11/1997 may be adjusted.

3. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 31/7/1976 and was discharged from service on 28/1/1993 being in permanent low medical category ‘CEE’ before fulfilling his terms of engagement. He had rendered 16 years and 181 days of service. The RMB assessed the disability of the applicant, “Osteo Arthritis Right Knee” @ 30% for two years and considered it as aggravated by military service. Unfortunately, the MA (P) at the PCDA (P) reduced the disablement illegally and arbitrarily and with prejudice to the interest of the applicant to @20% for five years. He was granted service pension for life and disability element wef 28/1/1993 to 13/11/1997, Annexure A/3. Further RSMB held on 17/7/1997 at MH, Jaipur, opined the condition of the applicant as Static since last board @20% as the assessment made at the last board had been reduced from 30% to 20% by the MA (P). Again the assessment made by RSMB was illegally reduced to 11-14% and disability element was discontinued for five years wef 14/11/1997 to 17/7/2002. Subsequent RSMB held on 20/6/2000 at MH Jaipur, again considered the disability of the applicant as Static for life, based on the re-assessment made by the MA (P) and disability element was discontinued for life. No further RSMB was held thereafter. Having been aggrieved, the applicant has filed this OA, praying for relief.

4. Vide Reply Statement, the Respondents, while not disputing the basic facts have stated that the applicant was discharged from service on 27/1/1993 under Rule 13 (3) Item III (v) of Army Rules 1954 before fulfilling his terms of engagement in low medical category ‘CEE’ Permanent. He had rendered 16 years and 181 days of service and was granted service pension for life. Since the applicant was in low medical category due to the disability, “Osteo Arthritis Right Knee”, the duly constituted RMB assessed the disability @ 30% for two years and opined as aggravated by military service. However, the applicant was granted disability element @20% for five years wef 28/1/1993 to 13/11/1997 vide PPO dated 27/8/1993, Annexure R/2. RSMB held on 17/7/1997 assessed the disability of the applicant @20% for five years, but the same was rejected by the PCDA (P) re-assessing the

degree of disability @ less than 20%, ie, 11-14% for five years. Further RSMB held on 20/6/2002 at MH, Jaipur, assessed the disability of the applicant @11-14% for life and accordingly, the disability element was discontinued for life.

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

6. It is apparent from the record that the applicant was discharged from service wef 27/1/1993 in low medical category before completion of his terms of engagement under rule 13 (3) item III (v) of Army Rules 1950. He had rendered 16 years and 181 days of service and was granted service pension for life. Since the applicant was in low medical category, the duly constituted RMB assessed the disability of the applicant, “Osteo Arthritis Rt Knee” @30% for two years and considered it as aggravated by military service. Contrary to the opinion of the RMB, the applicant was granted disability element @20% for five years by PCDA (P) till 13/11/1997. The RSMB held on 17/7/1997 assessed the disability of the applicant @20% for five years, but the MA(P)/PCDA (P) adjudicated the issue and rejected the claim of the applicant by reducing the percentage of disability @ 11 to 14% for five years. Further RSMB held on 20/6/2002 at MH Jaipur assessed the disability of the applicant @ 11-14% for life and rejected claim of the applicant of the applicant for life vide their letter dated 13/11/2002.

7. Contra to the statement of the Respondents, perusal of copy of RSMB held in April 2002, a copy of which is placed on record at Annexure A5, reveals that the condition of disability of the applicant has been stated as ‘Static’ both on the opinion expressed by the medical expert as also at Para 6 of the medical board proceedings, which states that, “ variation in disability since previous board (a) has the condition of the pensionable disability since the last board improved or deteriorated? Curiously, copies of remaining pages of the board proceedings including the percentage of disability assessed by the medical board have not been

found annexed with the Reply Statement. In view of this and since the disability of the applicant has been considered as aggravated by military service and the disability of the applicant has also been assessed @20% for five years during the medical board held on 17/7/1997, we are of the considered opinion that the applicant is eligible for grant of disability element for life, apart from eligible for grant of disability @ 20% for five years, which was arbitrarily tweaked by the MA (P)/PCDA (P) to be @11-14% for five years. However, since there has been an inordinate hiatus of 15 years in filing the OA, we are inclined to restrict the arrears from the date of filing of the OA. OA has been filed on 03/7/2017.

8. In fine, the OA is allowed and Respondents are directed to grant Disability Element to the applicant @20% duly rounded off to 50% wef 03/7/2017 for life. The Respondents are also directed to grant disability element @20% for five years wef the date when the RSMB was held on 17/7/1997 and its rounding off to 50%. Respondents are also directed to grant broadband benefits of disability element to the applicant in terms of Judgment dated 12/2/2026 passed by the Hon’ble Apex Court in the case of Union of India through its Secretary & Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. The arrears accruing thereof shall be paid to the applicant within a period of eight months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% till the actual date of its payment.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-