Smt Muhari wo late Sep Teja Ram (Army) vs UOI & Others on 2 July 2026

O R D E R

02.07.2026

MA No 252/2018

1. MA No 252/2018 has been filed by the Applicant for hearing of the matter at Regional Bench, Jaipur. For the reasons stated in the Application, MA No 252/2018 is allowed.

MA No 251/2018

2. MA No 251/2018 has been filed by the Applicant for condonation of delay in filing OA No 245/2018. Having considered the reasons and grounds stated in the MA and also the fact that the pension is a recurring cause of action, the delay in filing the OA is condoned to examine the prayer on merits.

OA No 245/2018

3. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grant Disability

Element of Disability Pension for the period from 30.09.1990 to 05.05.2010 andRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%wef 01.01.1996till death of her husband on 17.01.2016 and that the arrears be paid along with interest @ 18% per annum.

4. Brief facts of the case as enunciated by the Applicant are that her husband, Late Sep Teja Ram, was enrolled in the Army on 28.11.1962 andafter rendering more than 15years of service, he was invalided out of service on 30.11.1977 in low medical category due to disability “Low Back Ache”. At the time of his discharge, his disability was assessed @ 20% and was considered as Attributable to or Aggravated by Military Service. The disability of the Applicant’s husband was reviewed from time to time and, accordingly, he was granted Disability Element of Disability Pension till 13.09.1990. Thereafter, the same was discontinued having been assessed below 20%. Based on the Final RSMB held on 05.05.2010, the Applicant’s husband was granted Disability Element of Disability Pension @ 20% for life wef 05.05.2010. The Applicant submits that in terms of Para 7.2 of Govt of India, Ministry of Defence letter No 1(2)/97/D(Pen-C) dt 31.01.2001, the Applicant’s husband was eligible for grant of Rounding Off Benefits 01.01.1996, ie., from the date of applicability of the scheme. The Applicant has also placed reliance on Hon’ble Supreme Court judgment in the case of Capt KJS Buttar Vs UOI & Ors SCC 2011 XI 429 and Hon’ble Supreme Court judgment in the case of UOI & Ors Vs Ram Avtar (2014) SCC Online 1761 and submitted that her husband was eligible for grant of Disability Element of Disability Pension from the date of its discontinuation to 05.05.2010 and Rounding Off Benefits of Disability Element of Disability Pension wef 01.01.1996, ie., the date of its applicability. The Applicant made representation and also issued Legal Notice for grant of Disability Element of Disability Pension from the date of its discontinuation till 05.05.2010 and Rounding Off Benefits of Disability Element of Disability Pension from 01.01.1996 till deaths of her husband on 17.01.2016, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

5. The Respondents have filed a detailed reply to the Application and have submitted that the Applicant’s husband was discharged from Service on 30.11.1977 on completion of terms of engagement and not invalided out of service as contested by the Applicant. The duly constituted Release Medical Board initially assessed his Disability @ 20% for five years and considered it as Aggravated by Military Service but the MA (P) at PCDA (P) re-assessed the same @ 20% for two years. The disability of the Applicant’s husband was reviewed by the subsequent RSMB and, accordingly, he was granted Disability Element of Disability Pension till 11.03.1983. RSMB held on 28.09.1988 assessed his disability @ 20% from 12.03.1983 to 27.09.1988 and thereafter @ 10% for two years wef 28.09.1988. However, the MA (P) at PCDA (P) re-assessed the disability @ 6-10% for two years wef 28.09.1988 and discontinued Disability Element of Disability Pension wef 28.09.1988. Subsequent RSMB held on 13.09.1990 assessed his disability @ 6-10% permanent wef 29.09.1990 but the MA (P) at PCDA (P) re-assessed the same @ 6-10% for ten years. Further, RSMB held on 30.06.2000 assessed his disability @ 20% for five years wef 15.11.2000, but, the MA (P) at PCDA (P) re-assessed it@ 6-10% for ten years from 15.09.2000 to 29.06.2010. The final RSMB held on 05.05.2010 assessed the disability of the Applicant’s husband @ 20% for life wef 05.05.2010 and, accordingly, the Applicant’s husband was granted Disability Element of Disability Pension @ 20% wef 05.05.2010. The Respondents have reiterated that since the Applicant’s husband was discharged from Service on completion of terms of engagement, he was not eligible for grant of Rounding Off benefit from the date of his discharge from Service. However, in terms of Govt of India, Ministry of Defence letter No 17(01)/2017/(02)/D (Pension/Policy) dt 05.09.2017, the Applicant’s husband was entitled to Rounding Off benefit from 01.01.2016 to 17.01.2016, ie., the date of his death. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

6. During the course of arguments, Learned Counsel for the Applicant submitted that as regards grant of Rounding Off benefits, theRespondents may be directed to decide his case in the light of the principles settled by Hon’ble

Supreme Court judgment dt 12.02.2026 in Civil Appeal No 6820-6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, to which Learned Counsel for the Respondents raised no objection.

7. We have heard Counsels for both the parties and perused the material placed on record.

8. On the question of primacy of the opinion of medical boards, Hon’ble Supreme Court in its judgment in the case of Secretary, Ministry of Defence and others Vs. AV Damodaran (dead) through LRs &Ors, reported in (2009) 9 SCC 140, held as under:-

“8. When an individual is found suffering from any disease or has sustained injury, he is examined by the medical experts who would not only examine him but also ascertain the nature of disease/injury and also record a decision as to whether the said personnel is to be placed in a medial category which is lower than ‘AYE’ (fit category) and whether temporarily or permanently. They also give a medical assessment and advice as to whether the individual is to be brought before the release/invalidating medical board. The said release/invalidating medical board generally consists of three doctors and they, keeping in view the clinical profile, the date and place of onset of invaliding disease/disability and service conditions, draws a conclusion as to whether the disease/injury has a causal connection with military service or not. On the basis of the same, they recommend (a) attributability, or (b) aggravation, or (c) whether connection with service. The second aspect which is also examined is the extent to which the functional capacity of the individual is impaired. The same is adjudged and an assessment is made of the percentage of the disability suffered by the said personnel which is recorded so that the case of the personnel could be considered for grant of disability element of pension. Another aspect which is taken notice of at this stage is the duration for which the disability is likely to continue. The same is assessed/recommended in the form of AFMSF-16. The Invalidating Medical Board forms its opinion/recommendations on the basis of the medical report, injury report, court of enquiry proceedings, if any, charter of duties relating to peace or field area and, of course, the physical examination of the individual.

9. The aforesaid provisions came to be interpreted by the various decisions rendered by this Court in which it has been consistently held that the opinion given by the doctors or the medical board shall be given weightage and primacy in the manner for ascertainment as to whether or not the injuries/illness sustained was due to or was aggravated by the military service which contributed to invalidation from the military service.”

9. In yet another judgment,on the question of primacy of the opinion of medical boards, Hon’ble Supreme Court in the case ofEx Sapper Mohinder Singh Vs UOI (Civil Appeal No 164 of 1993) decided on 14/1/1993 observed as follows :-

“From the above narrated facts and the stand taken by the parties before us, the controversy that falls for determination by us is in a very narrow compass viz, whether the Chief Controller of Defence Accounts (Pension) has any jurisdiction to sit over the opinion of the experts (Medical Board) while dealing with the case of grant of disability pension, in regard to the percentage of the disability pension, or not. In the present case, it is nowhere stated that the petitioner was subjected to any higher medical board before the Chief Controller of Defence Accounts (Pension) decided to decline the disability pension to the petitioner. We are unable to see as to how the accounts branch dealing with the pension can sit over judgment of the experts in the medical line and comment upon the extent of disability without making any reference to a detailed or higher medical board which can be constituted under the relevant instructions and rules by the Director General of Army Medical Corps”.

10. In the present case, the disability of Applicant’s husband was assessed @ 20% for five years wef 15.09.2000 by the RSMB held on 30.06.2000 but, the MA (P) at PCDA (P) re-assessed the same to 6-10% for ten years from 15.09.2000 to 29.06.2010 without physically examining the Applicant. Therefore, in the light of principles laid down by various judgments of Hon’ble Supreme Court as mentioned above, the MA (P) at PCDA (P) was not justified in reducing the Disability of the Applicant’s husband from 20% to 6-10%. The subsequent and final RSMB held on 05.05.2010 assessed his disability @ 20% for life wef 05.05.2010 and, accordingly, the Applicant’s husband was granted Disability Element of Disability Pension @ 20% for life from 05.05.2010 till his death on 17.01.2016. Therefore, we are of the considered view, that the Applicant’s husband was eligible for grant of Disability Element of Disability Pension @ 20% for the intervening period from 15.09.2000 to 04.05.2010. However, the Applicant’s husband was not entitled for grant of Disability Element of Disability Pension wef 29.09.1990 as his disability was assessed below 20% (6-10%) wef 29.09.1990 by the RSMB held on 13.09.1990.As regards grant of benefit of rounding off of disability element of disability pension, the Applicant is eligible to the same in terms of judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).

11. In-fine, the Respondents are directed to grant arrears Disability Element of Disability Pension @ 20% to the Applicant for the period from 15.09.2000 to 04.05.2010. The Respondents are also directed to grant Rounding Off Benefit to the Applicant in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra) within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest @6% per annum on the amount of arrears, if any. Amount already paid on account of rounding off benefit of disability element of disability pension, if any, shall be adjusted.

12. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

13. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-