Smt Savita Purohit & Ors wdo late Cfn Deo Raj Purohit (Army) vs UOI & Others on 4 August 2026

O R D E R

04.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Original Applicant in this OA, ie,CfnDeo RajPurohit, had filed this OA praying for directing the Respondents to grant disability pension to him on his invalidation from service on 26/5/1973 or from the date the Hon’ble Tribunal considers just and appropriate in the circumstances. He had also prayed for grant of rounding off benefits of his disability element @ 50% wef 01/1/1996.

2. During the pendency of the OA, Ex CfnDeo Raj Purohit, expired on 29/1/2025 and based on the MA No 171/2025 filed by the counsel for the applicant, this Tribunal vide Order dated 02/7/2025, has substituted the widow of deceased soldier, Smt Savita Purohit and Mr Pankaj Purohit and MrsKalpana Joshi, son and

daughter of the deceased soldier respectively, as the LRs in place of the original applicant.

3. During the course of hearing held on 04/8/2026, on perusal of record it was observed that vide letter dated 10/8/2017, Annexure R/5, written by the EME Records to the deceased soldier it was stated that he was enrolled in the Army on 14/6/1965 and was invalided out from service on 26/5/1973 being medically unfit for further service. The service documents have alreadybeen destroyed by burning being more than 25 years old and he being a non pensioner and it was not feasible to consider his case for grant of disability pension at this belated stage. Further, it has also been stated in the letter that the deceased soldier had also been paid a sum of Rs 1481.55 (Rupees One Thousand Four Hundred Eighty One and paise Fifty Five only) on account of terminal credit balance.

4. During the course of hearing, counsel for the applicant has vehemently argued that the deceased soldier was invalided out from service on medical grounds and, hence, his case ought to be considered sympathetically and the deceased soldier be granted Disability Pension wef his invalidation out till his death and thereafter his widow is granted Family Pension accordingly.

5. Since the applicant has placed nothing on record to substantiate his claim that the disease/disability for which he was invalided out of service nor the disease he was suffering from and whether the same was due to service factors, it is clear that he is not entitled to Disability Pension at this belated stage wherein his service record and documents have been destroyed by burning as per policy, he being a non pensioner. However, in case the applicant herein submits a fresh Representation with her prayeralongwith any documentsin support of her arguments to the Competent Authority within a period of one month from the

date of receipt of a copy of this Order, the Competent Authority shall consider the case of late husband of the applicant in granting relief or otherwise in terms of rules/policy on the subject within a period of six months from the date of receipt of such a Representation from the Applicant. Since the OA was filed after an inordinate hiatus of more than 45 years from the date of his invalided out by the late husband of the applicant, the Respondents have expressed their inability to state the factual position in the absence of his service record. The outcome thereofshall be intimated to the applicant.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-