Armed Forces Tribunal
Ex Rect Sayar Singh Shekhawat (Army) vs UOI & Others on 14 August 2026
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**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
**12.**
**OA 189/2021 with MA 265/2019**
**No 2870507 Ex Rect Sayar Singh Shekhawat, S/o Shri Maidan Singh Shekhawat, Resident of village and Post Kali Pahari, Tehsil and District Jhunjhunu, Rajasthan**
**.... Applicant**
**Versus**
- **1. UOI, through the Secretary, Ministry of Defence, South Block, New Delhi - 110 011**
- **2. PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014**
- **3. The OIC Records, The Rajputana Rifles, Delhi Cantt – 110 010**
**.... Respondents**
**For Applicant : Mr. Yogendra Singh, Sunil Kumar, Advocate** **For Respondents : Mr. Pradeep Mathur, Advocate**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)** **HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
**MA No 265/2019**
- **1. The Applicant has filed this MA praying for condonation of delay of 14 years, six months and 10 days involved in filing the OA, which would be considered alongwith the OA.**
**OA No 189/2021**
- **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 element wef 06/2/2004 alongwith its rounding off benefits wef 01/1/1996 for life with interest @12%.**
3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 04/6/1976 and was invalided out from service on 28/6/1977 after serving for one year and 25 days in the rank of Recruit under Rule 13 (3) item III (iii) of Army Rules 1954 in low medical category. The duly constituted release medical board assessed the disability of the applicant @20% for life and the same was considered as aggravated by military service due to physical stress and strain of military service. The applicant was granted disability pension consisting of service element and disability element, but unfortunately disability element was stopped for life. Having been aggrieved, the applicant has filed this OA praying for relief.
4. The Respondents have filed a Reply Statement. While not disputing the basic facts, the Respondents have submitted that the applicant was invalided out from army service wef 28/6/1977 under Rule 13 (3) Item III (IV). He had rendered one year and 25 days of service. The duly constituted IMB assessed the disability of the applicant, "Generalised Tuberculosis" @ 40% for one year and considered it as aggravated by military service. While the applicant was granted service element for life, he was also granted disability element @40% for one year wef 29/6/1977 to 01/6/1979. Based on the subsequent RSMBs, the applicant was granted disability element till 08/2/1994. Further RSMB held on 22/11/1993 assessed the disability of the applicant @20%, but the MA(P)/PCDA(P) re-assessed the percentage of disability of the applicant to be @11-14% for ten years and discontinued the disability element wef 09/2/1994. Next RSMB held on 06/2/2004 assessed the disability of the applicant @ NIL for life with wef 23/11/2003 as the medical board found no evidence of active recurrence and his condition was opined to be static since last board.
5. We have heard the counsels for the parties and perused the material on record.
6. It is evident from the material on record that the applicant was invalided out from service wef 28/6/1977 under Rule 13 (3) Item III (IV). He had rendered one year and 25 days of service. The duly constituted IMB assessed the disability of the applicant, "Generalised Tuberculosis" @ 40% for one year and considered it as aggravated by military service. While the applicant was granted Service Element for life, based on the IMB and subsequent RSMBs, the applicant was granted disability element wef the date of his invalidment till 08/2/1994. While the RSMB held on 22/11/1993 assessed the disability of the applicant @20%, the MA (P)/PCDA (P) in their own wisdom, tweaked the degree of percentage of disability of the applicant to be @11-14% for ten years and denied the applicant his due disability element wef 09/2/1994. On perusal of copy of RSMB proceedings held on 06/2/2004, Annexure R/8, which was duly approved by the higher medical authorities on 13/2/2004, it is revealed that at Serial 6 (a) of the report "*has the condition of the pensionable disability(ies) since the last board improved or deteriorated*", it has been explicitly stated by the medical authorities as "*Static*", which implies that the percentage of disability of the applicant ought to be 20% as assessed by the previous medical board held on 22/11/1993 as without any improvement in the condition of the applicant, the percentage of disability could not have been assessed at a reduced rate viz, less than 20% and/or at NIL'. Therefore, in our opinion, the applicant is eligible for grant of disability element wef 09/2/1994 to 06/2/2004 as assessed by the RSMB held on 22/11/1993 as also wef 07/2/2004 for life as assessed by the RSMB held on 06/2/2004 as the percentage of disability should have been assessed @20%, his condition being 'Static'. Hence, the applicant is eligible for disability element.
7. In-fine the OA is partly allowed. However, since the applicant has filed OA after a hiatus of more than 26 years from the date of discontinuation of disability element, it is ordered that the arrears of disability element be paid to the applicant three years prior to the date of filing of the OA, which is 21/2/2019. Accordingly, the Respondents are directed to grant disability element @20% wef 21/2/2016 for life to the applicant. Respondents are also directed to grant benefit of rounding off of disability element of the applicant from 20% to 50% in terms of Judgment dated 12/2/2026 passed by the Hon'ble Apex Court in the case of Union of India through its Secretary & Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. The arrears accruing thereof shall be paid to the applicant within a period of six months from the date of receipt of a copy of this Order and in default thereof, the applicant shall be entitled to receive interest @6% on the whole amount till the 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.
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Sd/- XXX
**(SANJIV MITTAL)** **MEMBER (A)**
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Sd/- XXX
**(GOVERDHAN BARDHAR)** **MEMBER (J)**
cda/-