Armed Forces Tribunal
Ex Nk Vijaya Pal (Army) vs UOI & Others on 13 July 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
24.
**OA No 223/2020 with MA No 80/2020**
No-10303276X Ex Nk Vijaya Pal, S/o Sh. Balbir, R/o VPO-Bhirr, Tehsil-Buhana, District-Jhunjhunu (Raj)
.... Applicant
Versus
1. Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi - 110011
2. PCDA (P), Draupadi Ghat, Allahabad (UP) - 211014
3. The OIC Records, The Grenadiers Records PIN-908776, C/o 56 APO
.... Respondents
For Applicant : Mr. Yogendra Singh/Sunil Kumar, Advocate For Respondents : Mr. Brij Bihari Sharma, Advocate
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**13.07.2020**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein for directing the Respondents to grant Ex-Gratia along with interest on arrears @ 12% per annum wef 17.03.2012.
2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 31.07.1993 and after serving for more than 18 years of service, he was invalidated out of Service on 16.03.2012 on medical grounds. The Applicant submits that he suffered from the disability due to Service factors, therefore, the disability was considered as Aggravated by Military Service and, accordingly, he has been granted Disability Pension for life. The Applicant further submits that he is eligible for grant of Ex Gratia in terms of Govt of India, Ministry of Defence letter No 2(2)/2011/D (Pen/Pol) dt 26.12.2011 and PCDA (P) Circular No 477 dt 07.02.2012, however, the Respondents have denied the same. The Applicant issued Legal Notice for grant of Ex-Gratia Award but the Respondents paid no heed. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents filed a detailed reply to the Application and submitted that the Applicant was enrolled in the Territorial Army on 31.07.1993 and after rendering 15 years, 9 months and 19 days of embodied service, he was discharged from Service on 16.03.2012 on medical grounds due to disability "Coronary Artery Disease" under TA Rule 14(b) (iv), read with Army Rule 13(3) III (iii). The disability of the Applicant was assessed @ 30% for life and was considered as Aggravated by Military Service and, accordingly, the Applicant has been granted Disability Pension for life. As the Applicant was discharged from Service through a Release Medical Board and was not invalided out from service through an Invaliding Medical Board, the provisions of Govt of India letter dt 26.12.2011 are not applicable to him and, hence, he is not entitled for grant of Ex Gratia Award.
4. During the course of arguments, Learned Counsel for the Applicant prayed that the Respondents may be directed to decide the matter in the light of PCDA (P) Circular No 477 dt 07.02.2012 and Govt of India letter dt 26.12.2011, to which Learned Counsel for the Respondents raised no objection.
5. In view of the above facts, we direct the Respondents to re-consider the prayer of the Applicant in the light of provisions of GoI, MoD letter dt 26.12.2011 and PCDA (P) Circular No 477 dt 07.02.2012 within a period of four months from the date of receipt of a certified copy of this Order. The outcome thereof shall be intimated to the Applicant.
6. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
7. No order on costs.
Sd/- XXX
Sd/- XXX
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
Ss/-