Ex Sep Net Ram (Army) vs UOI & Others on 4 August 2026

1. 1. UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011

2. 2. PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014

3. 3. OIC Records, Records The Jat Regiment, PIN 900 496, c/o 56 APO

सत्यमेव जयते

... Respondents

**For Applicant**

: Mr. Yogendra Singh, Advocate

**For Respondents**

: Mr. OP Jhajhria, Advocate

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**

**HON'BLE MR. SANDIP MITTAL, MEMBER (A)**


1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant disability element @30% wef 12/3/1980 to 31/12/1995 and thereafter with its rounding off benefits from 30% to 50% wef 01/1/1996 for life with interest @12%. He has also prayed for award of cost of the application in his favour.

2. Brief facts of case of the applicant as enunciated by the applicant are that the applicant was enrolled in the Army on 15/12/1971 and was invalided out from service on 11/3/1980 after rendering eight years and three months with 30% disability due to the disability, "Epilepsy", which he suffered while he was posted in an operational and insurgency area. The disability of the applicant was assessed @30% by the medical board. However, despite assurance from the Respondents, the applicant was not granted relief. Having been aggrieved by the non action of the Respondents, the applicant has filed this OA praying for relief.

3. The Respondents, vide their Reply Statement, while not disputing the basic facts submitted that the applicant was invalided out from service on 10/3/1980 under Rule 13 (3) Item III (iii) of Army Rules 1954 in low medical category due to the disability, "Grandma Epilepsy". He had rendered eight years and three months service. The duly constituted IMB assessed the said disability of the applicant @20% for two years and considered it as neither attributable to nor aggravated by military service. He was not granted disability element. Upon rejection of his disability element, the applicant submitted an Appeal dated 11/8/1981, which was accepted by the Govt of India, Ministry of Defence vide their letter dated 05/6/1984 on the ground that the disability of the applicant on account of which he was invalided out from service should be regarded as aggravated by military service in a field area and further decided that the applicant's disability should be @20% for the period from 11/3/1980, ie, from the date of his invalidment till 14/12/1981 and, thus, he was accordingly granted disability for two years till 14/12/1981 from the date of holding of the IMB. Thereafter, based on the subsequent RSMBs, the disability element of the applicant was continued uninterrupted and was granted the same till 18/7/1995. While the subsequent RSMBs held on 07/6/1995 assessed the disability of the applicant @20% for ten years wef 19/7/1995 to 18/7/2005, however, PCDA (P) reconsidered it as less than 20%, ie, 6-10%, for ten years and next RSMB held on 02/4/2003 assessed the disability @ less than 20% for life (Static) and rejected the claim of the applicant accordingly. Respondents have further submitted that in terms of Army HQ letter dated 25/4/2011 alterations on the findings of the opinion of the medical board by the erstwhile MA (P) do not stand scrutiny of the law. Hence, the assessment by the RSMB of the disability of the applicant which was assessed @20% for ten years by the RSMB held on 07/6/1995 and its alteration at less than 20% by the MA (P)/PCDA (P) entitles the applicant for grant of disability element for the period wef 19/7/1995 and necessary action for grant of benefits of disability element to the applicant will be processed with AGD PS, through Line Directorate for according Govt sanction on receipt of directions from the Hon'ble AFT, RB, Jaipur. As the RSMB held on 02/4/2003 held at Base Hospital, Delhi Cantt, wherein the disability of the applicant was assessed @ below 20% for life, he was not granted disability element wef 19/7/1995 and, therefore, he is not eligible for grant of broadband benefits.

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

5. It is evident from the record that the applicant was Invalided out from service wef 10/3/1980 under Rule 13 (3) item III (iii) of Army Rules, 1954 in low medical category due to the disability, "Grandma Epilepsy". He had rendered eight years and three months of service. The duly constituted IMB assessed the said disability of the applicant @20% for two years and considered it as neither attributable to nor aggravated by military service. Based on the Appeal dated 11/8/1981 submitted by the applicant against the opinion of the medical board, the competent authority conceded the disability as aggravated by military service @20% and accordingly, he was granted relief for two years as assessed by the IMB. Based on the subsequent RSMB, the disability element of the applicant continued till 18/7/1995. Further RSMB held on 07/6/1995 assessed the disability of the applicant @20% for ten years wef 19/7/1995 to 18/7/2005, however, MA (P) at PCDA (P) arbitrarily interfered with the opinion of the duly constituted medical board by re-assessing the percentage of disability @6-10% and rejected the legitimate dues of the applicant for the said period, vide their letter dated 28/9/1995. The action, therefore, of the MA (P)/PCDA (P) in interfering with the opinion of the duly constituted medical board was not in consonance with the Judgment passed by the Hon'ble Apex Court as it tantamount to "authority within an authority", which cannot be countenanced. Further, perusal of the copy of RSMB conducted on 02/4/2003, which was duly approved by the higher medical authorities on 12/4/2003, establishes that at Serial 6(a) of the report, "*has the condition of the pensionable disability(ies) since the last board improved or deteriorated*", it has been explicitly stated by the medical authorities as "*Static*", which implies that the percentage of disability of the applicant ought to be 20% as assessed by the previous medical board held on 07/6/1995 as without any improvement in the condition of the applicant, the percentage of disability could not have been assessed at a reduced rate viz, less than 20%. Therefore, in our opinion, the applicant is eligible for grant of disability element wef 19/7/1995 to 01/4/2003 as assessed by the RSMB held on 07/6/1995 as also wef 02/4/2003 for life as assessed by the RSMB held on 02/4/2003 as the percentage of disability should have been assessed @20%, the condition being 'Static'. Hence, the applicant is eligible for grant of disability element for ten years wef 19/7/1995 to 01/4/2003 @20% and thereafter, @20% for life wef 02/4/2003.

6. In-fine the OA is allowed. However, since the applicant has filed OA after a hiatus of 22 years from the date of discontinuation of disability element, it is ordered that the arrears of disability element be paid to the applicant three years prior to the date of filing of the OA, which is 04/7/2017. Accordingly, the OA is partly allowed and the Respondents are directed to grant disability element @20% wef 04/7/2014 for life to the applicant. Respondents are also directed to grant benefit of rounding off of disability element of the applicant from 20% to 50% 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/six months from the date of receipt of a copy of this Order and in default thereof, the applicant shall be entitled to receive interest @6% on the whole amount till the date of its actual payment.

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

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

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(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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