Ex Hav Atma Ram vs UOI & Others on 23 January 2026

O R D E R

23/01/2026

MA No 82/2019

1. The Applicant has filed this MA praying for condonation of delay of 23 years and nine months involved in filing the OA, which will be considered alongwith the OA.

OA No 384/2021

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 28/2/1975 alongwith benefit of rounding off of the same to 50% wef 01/1/1996 for life with all consequential benefits with interest @18% for the purpose of computing the same. Later, counsel for the applicant has filed the amended prayer clause for grant of disability element of disability pension wef 17/5/1995 alongwith rounding off benefits to 50% wef 01/1/1996.

3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 27/1/1970 and was invalided from service on 29/3/1989 under Rule 13 (3) Item III (iii), before completion of his terms of engagement. Since the applicant suffered the disability, “Pulmonary Tuberculosis” while in service, the invaliding medical board held at the time of his invalidment assessed the disability @100% for two years. Based on the IMB and the subsequent RSMBs, the applicant was granted disability pension wef 30/5/1989 to 16/5/1995. Further RSMB held on 06/6/1995 assessed the disability of the applicant @ 20% for two years, but the PCDA (P) had arbitrarily reduced the percentage of disability to be less than 20% and discontinued the disability pension wef 17/5/1995. Further RSMB assessed the disability of the applicant @ less than 20%, ie, 15-19% for life, Annexure A/3. In support of h is arguments, the applicant has placed reliance on the Judgment passed by the Hon’ble Apex Court in the case of Sukhvinder Singh Vs UOI &Ors, Civil Appeal No 5605/2010. Having been aggrieved, the applicant has filed this OA, praying for grant of relief with effect from the date it was discontinued.

4. During the course of hearing held on 19/1/2026, Counsel for the applicant has placed on record a copy of RSMB proceedings of the applicant held on 20/6/1995, which was obtained by the applicant through the RTI Application, and submitted that the disability of the applicant was assessed @70% Permanent wef 10/9/1994 and, hence, the applicant is clearly eligible for grant of disability element of disability pension for life.

5. The Respondents have filed a Reply Statement. While not disputing the basic facts, the Respondents have submitted that the applicant was Invalided out from Service wef 28/2/1989 under Rule 13 (3) item III (iii) of Army Rules 1954 in low medical category, ‘EEE’, as a case of Pulmonary Tuberculosis. He was granted service pension for life, which was revised from time to time. The IMB assessed the disability of the applicant @100% for two years and considered it as attributable to military service. Based on the IMB and subsequent RSMBs, the applicant was granted disability element of disability pension wef 30/3/1989 till 16/5/1995. While the RSMB held on 06/6/1995 assessed the disability of the Applicant @20% for two years, the PCDA (P) rejected the claim of the applicant, by re-assessing the disability @ less than 20% for ten years wef 17/5/1995 to 16/5/2005 and discontinued the same wef 17/5/1995. Further RSMB held on 28/8/2007 assessed the disability of the applicant @ 15-19% for life.

6. We have heard the counsels for the parties and perused the material placed on record.

7. It is evident from the material on record that the applicant was invalided out from service due to the disability, “Pulmonary Tuberculosis” wef 28/2/1989. He had rendered 19 years, two months and three days of service and was granted service pension for life for the qualifying service. The duly constituted Invaliding Medical Board assessed the disability of the applicant, “Pulmonary Tuberculosis” @ 100% for two years and considered it as attributable to military service. Based on the IMB and subsequent RSMBs, the applicant was granted disability element of disability pension wef the date of his invalidment till 17/5/1995 and it was stopped once the disability was assessed below 20% by the RSMB. However, perusal of copy of RSMB proceedings placed on record by the counsel for the applicant during the course of final hearing reveals that the disability of the applicant was assessed as ‘static’ and @70% Permanent wef 10/9/1994. However, relief has not been extended to the applicant as entitled to him based on this assessment and, further RSMB held post this RSMB was unwarranted. In view of this, the applicant is eligible for grant of disability element of pension from the date of its discontinuation. However, since there has been an inordinate hiatus of more than 25 years in filing the OA, the arrears need to be restricted to three years prior to the date of filing of the OA. OA has been filed on 08/3/2019.

8. In fine the OA is allowed and the Respondents are directed to grant disability element of disability pension to the Applicant @70% duly rounded off to 75% wef

08/3/2016 for life. 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% pa till the date of its actual date of payment.

9. The OA is disposed off accordingly. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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