Armed Forces Tribunal
Ex Sep Hardayal (Army) vs UOI & Others on 8 July 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
4.
OA 287/2018 with MA 294/2018
No 9207087 Ex Sep Hardayal , S/o late shri Sultan, Resident of Village Choli Ki Dhani, Post Nangli Saledi, Tehsil Khetri, District Jhunjhunu, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, South Block, Govt of India, New Delhi – 110 011
2.
The PCDA (P), Prayagraj, UP – 211 014
3.
The OIC Records, Records The Mahar Regiment, PIN 900 127, c/o 56 APO
…. Respondents
For Applicant
: None
For Respondents
: Mr. Sudesh Chand Sharma, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
08.07.2026
1. None appears on behalf of the applicant.
2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant had filed this OA praying for directing the Respondents to grant disability pension to the applicant from the time same was discontinued alongwith rounding off benefits to 50% wef 01/1/1996 for life. He had also prayed for granting relief alongwith interest @12% per annum as also bringing the applicant before a fresh RSMB, if so desired.
3. It is apparent from record that with the passing away of designated Counsel for the Applicant, it was deemed appropriate to issue Notice to the Applicant in this matter for her personal appearance or through a designated counsel for pursuing the matter, if so desired. Despite repeat Notices dated 19/12/2025, 25/2/206 and 03/6/2026 having been served upon the applicant as has been confirmed by the Postal Department, none appears on behalf of the applicant before this Bench, today.
4. Notwithstanding the above and in the interest of justice and with the assistance of Counsel for the Respondents, we deem it appropriate to examine the eligibility of grant of relief to the applicant based on the input provided by the Respondents in their Reply Statement filed in response to the OA.
5. The Respondents, vide their Reply Statement, have stated that the applicant was enrolled in the Army on 29/11/1963 and was invalided out from service on 29/11/1970 under rule 13 (3) item III (iii) of Army Rules, 1954 being placed in low medical category due to the disability, “Pulmonary Tuberculosis”. He had rendered seven years of service. The duly constituted IMB assessed the disability of the applicant @100% for one year and considered it as attributable to military service. While he was granted Service Element of Disability Pension for life, based on the IMB and subsequent RSMBs, the applicant was granted disability element of disability pension till 25/4/1986. Further RSMB held on 28/2/1996 assessed the disability of the applicant @20%, considering the disability as aggravated by military service, however, PCDA (P) re-assessed the degree of disability of the applicant at less than 20%, ie, 11-14% for five years. Next RSMB held on 29/11/2000, also assessed the disability of the applicant @20% wef 28/2/2001, but the same was again rejected by the PCDA (P) considering it as less than 20% (11-14%) for the period 28/1/2001 to 28/11/2005. The RSMB thereafter held on 11/11/2003 assessed the disability of the applicant @11-14% for life wef 28/2/2001.
6. In view of the foregoing, it is evident that the applicant was invalided out from service due to the disability, Pulmonary Tuberculosis, which was considered as attributable to military service and assessed initially @100% for one year. While based on the IMB and subsequent RSMBs, the applicant was granted disability element of disability pension wef the date of his invalidment till 25/4/1996, action of the MA (P)/PCDA (P) in re-assessing the disability of the applicant which was assessed @20% vide the RSMBs held on 28/2/1996 and 29/11/2000, was not in consonance with the Judgment passed by the Hon’ble Apex Court in this regard. Therefore, the applicant is clearly eligible for grant of disability element of disability pension @20% wef 26/4/1996 to 11/11/2003 alongwith rounding off benefits. The prayer of the applicant for grant of disability element of disability pension for life has no merit as the disability of the applicant was assessed @ less than 20% by the duly constituted RSMB held on 11/11/2003 for life.
7. In fine, the OA is partly allowed and the Respondents are directed to grant disability element of disability pension @20% duly rounded off to 50% wef 26/4/1996 to 11/11/2003 to the applicant. The arrears shall be paid to the applicant within a period of six months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% till then date of its actual payment.
8. The OA is disposed off accordingly. No order on costs.
9. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-