Ex Hav Clk Dharam Veer Yadav (Army) vs UOI & Others on 17 August 2026

O R D E R

17.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to bring the applicant before a fresh RSMB for assessment of his degree of disability on priority. He has also prayed that based on the assessment of medical board, the applicant be granted disability element as per degree of disability assessed by the duly constituted medical board as also the disability be rounded off to next higher bracket as per rounding off policy.

2. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 10/2/2003 and was discharged from service at his

own request on compassionate grounds before completion of his terms of engagement under Rule 13 (3) item III (iv) of Army Rules 1954wef 31/7/2018. Since the applicant was in medical category ‘AYE’ at the time of his discharge from service, therefore, only Release/discharge medical examination report was held in respect of the applicant which clarified that the applicant was to be discharged from service in medical category ‘AYE’, ie, no disability existed at the time of his discharge from service. Therefore, disability pension claim of the applicant was not processed with the PCDA (P). Based on the legal notice issued through the then counsel for the applicant to bring the applicant before a fresh RSMB, Record Office advised the applicant to submit certain documents, but the applicant has not provided the documents till date for processing his case for obtaining sanction from the competent authority to hold a fresh RSMB case of the applicant.

3. Today when the case was called for hearing, none appeared on behalf of the applicant despite notices having been sent to him to appear before this Tribunal.

4. We have perused the material on record.

5. Perusal of the record available in case file reveals that Applicant was discharged from service on his own accord on compassionate grounds in medical category ‘AYE’ as stated by the Respondents in their Reply Statement. Further, the applicant has not bothered to pay any heed to the advice of Record office for submission of certain documents to enable them to take up the case for holding a fresh RSMB in response to the legal notice served upon them. As the applicant himself is at fault in not pursuing this OA and taken action as advised by Record Office for holding of RSMB, we find no merit in the prayer of the applicant. Hence, the OA is dismissed being devoid of merit.

6. No order on costs.

7. Pending application, if, any, also stands disposed off. File be consigned to record.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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