Ex Hav Phool Chand (Army) vs UOI & Others on 22 July 2026

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

2. 2. PCDA (P), Prayagraj, UP

3. 3. The OIC Records, The Jat Regiment, Bareilly, UP

.... Respondents

For Applicant : Mr. SK Balwada, Proxy for Mr. Vinod Jhajharia, Mamta Jhajharia, Advocate For Respondents : Mr. Anil Bhardwaj, Advocate

**CORAM:**

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


**MA No 158/2018**

1. 1. The applicant has filed this MA praying for condonation of delay of delay of 16 years, six months and 27 days involved in filing the OA. The delay involved is condoned taking into consideration the reasons advanced therein.

**OA No 155/2018**

1. 2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant disability pension to the applicant alongwith benefit of rounding off of disability element from 20% to 50% wef 01/3/2001 for life with interest 18% per annum.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 13/3/1980 and was discharged from service on 28/2/2001 at his own request on compassionate grounds under Rule 13 (3) item III (v) of Army Rules, 1954. The duly constituted RMB assessed the disability of the applicant, "Low Backache" 15-19% for two years and considered it as aggravated by military service. While the applicant was granted service pension for the qualifying service rendered, he was not granted disability element on the ground that he was discharged from service on his own accord and the disability element was assessed @less than 20%. The Re-assessment medical board of the applicant was never conducted and he had not been granted any disability element.


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

सत्यमेव जयते.

5. It is evident that the applicant was discharged from service on service on 28/2/2001 at his own request on compassionate grounds under Rule 13 (3) item III (v) of Army Rules, 1954 before completion of his terms of engagement. He had rendered 20 years, 11 month and 16 days of service and was granted service pension for life. The duly constituted RMB assessed the disability of the applicant, "Low Backache" 15-19% for two years and considered it as aggravated by military service. No further RAMB of the applicant was conducted ostensibly on the ground that the applicant was discharged from service at his own request on compassionate grounds and he had not been granted any disability element.


6. Since the disability of the applicant was considered as aggravated by military service and no further RAMB was conducted after his discharge from 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.

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, "Low Backache", 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 rejection of grant of 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.

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

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

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