Armed Forces Tribunal
Ex Sep Mula Ram Jat vs UOI & Others on 10 February 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
(CIRCUIT BENCH, JODHPUR)
(Through Video Conferencing)
11.
OA 406/2021 with MA 168/2019
Army No 3170206 Ex Sep Mula Ram Jat, S/o Shri Bheru Ram Jat, Resident of Village and Post Gular via Badu, Tehsil Parbatsar, District Nagaur, 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 Jat Regiment, PIN 900 496, c/o 56
APO
…. Respondents
For Applicant
: None Present
For Respondents
: Mr. Tribhuwan Singh, Advocate
CaptVishakaBhonsale, OIC Legal Cell,
HQ 12 Corps
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
10.02.2026
1. During the course of Virtual Hearing, none appears on behalf of the Applicant. However, we have heard the Counsel for the Respondents and perused the material on record.
MA No 168/2019
2. The applicant has filed this MA praying for condonation of delay of 15 years, two months and one day involved in filing the OA. The application for condonation would be considered alongwith the main OA.
OA No 406/2021
3. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant Constant Attendance Allowance (CAA) as entitled to him @100% wef 30/8/1997 onwards for life. He has also prayed for grant of disability element to the applicant for the period 30/8/1997 to 06/5/1999 for 100% disability and 80% disability element paid for this period be adjusted accordingly. Any other relief, as may be deemed just and proper by the Hon’ble Tribunal has also been prayed for.
4. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 08/11/1978 and was invalided out from service wef 14/9/1990 under Rule 13 (3) item III (iii) of Army Rules 1954 in low medical category due to the disability, “ Head Injury (30%), (ii) Brain Abscess (20%), (iii) Pyogenic Meningitis (20%) (iv) Deafness (Lt) Ear (20%) & (v) Bilateral Optic Atrophy (60%)”. The invaliding medical board considered all these disabilities as attributable to military service and assessed at Composite 100% for two years. Accordingly, the applicant was granted Service Element for life and both the disability element of disability pension @100% and CAA for two years. Based on the subsequent RSMB held on 16/11/1992 assessed the disabilities of the applicant @100% for five years and accordingly, he was granted disability element of disability pension @100% alongwith CAA for five years till 29/8/1997. The RSMB held on 07/5/1997 assessed the disabilities of the applicant @100% for two years, however, the MA (P) at the PCDA (P) at his wisdom, granted disability element of disability pension for two years wef 30/8/1997 to 06/5/1999, by re-assessing the degree of percentage from 100% to 80% for two years and CAA was discontinued in terms of Rule 189 of Pension Regulations for the Army 1961, Part I. Further RSMBs held in 1999 assessed the disabilities of the applicant @100% for ten years and the final RSMB held on 11/7/2003 @100% for life.
5. It is evident from the reply statement of the Respondents that the Invaliding Medical Board at the time of invalidment of the applicant and the subsequent RSMBs had assessed the disabilities of the applicant @100% and it had never been assessed at 80%. It was the MA (P) at the PCDA (P), in his wisdom, had re-assessed the degree of percentage of disability of the applicant to 80% and discontinued the CAA for two years. The decision taken by the MA (P), for reduction of degree of disability assessed by the med board held on 07/5/1997 was arbitrary and was not in consonance with the judgment passed by the Hon’ble Apex Court in this regard. Therefore, we are of the considered opinion that the applicant is clearly eligible for grant of disability element of disability pension @100% for two years wef 30/8/1997 to 06/5/1999 as against the grant of the same @80%. The applicant is also eligible for grant of CAA for life with effect from the date of its discontinuation, ie, wef 30/8/1997.
6. However, since the OA has been filed after a delay of 24 years from the date CAA was discontinued, the payment of arrears of CAA are to be restricted wef three years prior to the date of filing of the OA in terms of Judgment of the Hon’ble Apex Court in the case of UOI &Ors Vs Tarsem Singh, 2008 (8) SCC 648. OA has been filed on 08/4/2019.
7. In fine, the OA is allowed and the Respondents are directed to grant Disability Element of Disability Pension @100% for two year period wef 30/8/1997 to 06/5/1999 as also CAA wef 08/4/2016 for life. The arrears accruing thereof shall be paid to the applicant within a period of three 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 payment. Arrears of Disability Element of Disability Pension already paid @80% for two years shall be adjusted.
8. The OA is disposed off accordingly. No order on costs.
9. Copy of this Order be issued Dasti to both the parties.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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