Ex Rect Bijendra Singh Gurjar (Army) vs UOI & Others on 8 July 2026

O R D E R

08.07.2026

MA No 598/2017

1. The applicant has filed this MA, praying for condonation of delay of 16 years, one month and five days involved in filing the OA, which would be considered alongwith the OA.

OA No 397/2017

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant had filed this OA praying for directing the Respondents to grant rounding off benefits of disability element of disability pension from the existing 50% to 75% wef 01/1/1996 to 29/9/1997 and thereafter @50% for life alongwith arrears with interest

@18% per annum. He had also prayed for grant of any other relief as also award of cost of the OA in favour of the applicant.

3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 22/9/1991 and was Invalided out from service on 04/3/1993 after serving for one year, five months and 13 days of service in the rank of Recruit in low medical category ‘EEE’ before fulfilling his terms of engagement. The applicant was invalided out from service with disability @50% which was paid to the applicant wef 05/3/1993 to 20/1/1994 in addition to Service Element. His disability element of disability pension was continued till 08/7/2002. Subsequent RSMB assessed the disability of the applicant @20%, but the same was re-assessed at less than 20% for life by the MA (P) at PCDA (P) and discontinued the same for life. Despite repeated representation to the Respondents, no heed was paid to the applicant and, hence, the applicant had filed this OA praying for relief.

4. During the course of hearing, Proxy Counsel for the Applicantplaced on record a copy of the Order dated 15/12/2025 passed by this Tribunal in OA No 22/2022 in the case of Ex NaikShiva Narayan Bishnoi Vs UOI &Ors and that the case of the applicant herein is also similar to the case of the applicant therein and, hence, he is entitled for grant of relief as prayed for life.

5. The Respondents, vide their Reply Statement, while not disputing the basic facts have stated that the Applicant was invalided out from service wef05/3/1993 under Rule 13 (3) item III (iv) before fulfilling the conditions of his enrolment in low medical category ‘EEE’ (P) due to his disability, “Pulmonary Tuberculosis”. He had rendered one year, five months and 13 days of service. The IMB assessed the said disability of the applicant @100% for one year and considered it as attributable to military service. Accordingly, he was granted Disability Pension for one year as assessed by the IMB. Based on the subsequent RSMB, the applicant was granted disability pension till 29/9/1997. While further RSMB assessed the disability of the applicant @40% for five years wef 30/9/1997 to 29/9/2002, it was rejected by the MA (P)/PCDA (P) on their own accord and the final RSMB held on 30/9/2002

assessed the degree of disability @11-14% for life and therefore, discontinued the disability element of disability pension. The position was communicated to the applicant accordingly by the Record Office.

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

7. It is apparent from the record that the applicant was invalided out from service wef 05/3/1993 on medical grounds due to the disability, “Pulmonary Tuberculosis”. He had rendered one year, five months and 13 days of service. The IMB assessed the disability of the applicant @100% for one year and considered it as attributable to military service. While the applicant was granted service element for life, based on the IMB and subsequent RSMB, he was granted disability element of disability pension wef the date of invalidment till 29/9/1997. Contrary to the statement of the Respondents, perusal of copy of RAMB proceedings of the applicant held at Military Hospital, Agra, reveals that at Page No 3 of the medical board proceedings, the disability of the applicant has been stated as “Static” against Para 6 (a), “has the condition of the pensionable disability(ies) since the last board improved or deteriorated?” and while assessing the percentage of disability, it has been assessed @11-14% . If the disability was static, the percentage of disability would not have been assessed @11-14% as it was 40% when last assessed by the RSMB. In view of this opinion of the medical board and taking into consideration that the applicant was invalided out from service due to the disability, “Pulmonary Tuberculosis” which was considered as attributable to military service, we are of the opinion that the applicant is eligible for grant of disability element of disability pension from the date of its discontinuation. However, since there has been an inordinate hiatus in filing the OA, we are inclined to restrict the arrears three years prior to the date of filing of the OA. OA has been filed on 05/9/2017.

8. In fine, the OA is allowed and Respondents are directed to grant Disability Element of Disability Pension to the applicant @40% duly rounded off to 50% wef 05/9/2014 for life. 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)

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