Armed Forces Tribunal
Ex Rect DMT Gajraj Singh (Army) vs UOI & Others on 12 March 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
9.
OA 497/2021
Army No 15252676N Ex Rect (DMT) Gajraj, S/o Shri Lala Ram, Resident of Lora Ki Dhani, Lalas, Nagur, Nawa, Rajasthan – 341 509
…. Applicant
Versus
1.
UOI, through the Secretary Ministry of Defence, New Delhi – 110
2.
Chief of the Army Staff, IHQ of MoD (Army), New Delhi – 110 011
3.
Arty Records, PIN 908 802, c/o 56 APO
4.
PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
…. Respondents
For Applicant
: Ms. Anjali Minocha, Advocate
For Respondents
: Mr. Pyare Lal, Advocate
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
12.03.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA with the following prayers :- (a) Direct the Respondents to bring all the service and medical documents on record including the IMB; (b) Set aside the Impugned Order dated 17/7/2021 and 01/1/2021.
(c) Grant Invalid Pension to the applicant from the date of his invalidment, ie, 02/8/2020; (d) Grant benefit of broadbanding from the date of invalidment, ie, 02/8/2020;
(e) Issue PPO pertaining to the disability pension and broadbanding of the disability pension to the applicant with 12% interest from the date of his invalidment.
2. Brief facts of the case as enunciated the applicant are that the applicant was enrolled in the Army on 22/3/2018 after clearing all the medical and physical tests which are part of the screening process of the Army. However, he was invalided out from service wef 01/8/2020 after serving for two years due to the disability, “Hereditary Spherocytosis (Post Splenectomy and Cholecystectomy)”. The applicant contracted the disability while in service and was treated at the military hospital and, hence, it should have been considered as attributable/aggravated by military service. Despite the applicant suffered the disability while in service, the IMB assessed the disability of the applicant as neither attributable to nor aggravated by military service and assessed @20% for life. The applicant further submitted that the Respondents have ignored the provisions various rules of Entitlement Rules for Casualty Pensionary Awards and other judgments passed by the Hon’ble Apex Court and denied the benefit to applicant. Having been aggrieved, the applicant has filed this OA praying for relief.
3. 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 01/8/2020 under Item IV of Rule 13 (3) of Army Rules 1954. The duly constituted IMB assessed the disability of the applicant, “Hereditary Spherocytosis (Post Splenectomy and Cholecystectomy)”, @20% for life and considered as neither attributable to nor aggravated by military service as also not connected with service due to genetic disorder not related to infective cause/military service. Respondents further submitted that in terms of Para 81 of Pension Regulations for the Army 2008, Part I, the applicant is not eligible for grant of Disability Pension, however, he is eligible for grant of Invalid Pension in accordance with Govt of India, Ministry of Defence letter dated 16/7/2020. Accordingly, claim of the applicant has been processed to the competent Pension sanctioning Authority, ie, PCDA (P) duly audited by PAO (OR), Artille, Nashik for notification of PPO. The process for notification of said pension payment order will take considerable time for finalization.
4. We have heard the counsels for the parties and perused the material on record.
5. It is evident from the record that the applicant was invalided out from service wef 01/8/2020 due to the disability “Hereditary Spherocytosis (Post Splenectomy and Cholecystectomy)” under Rule 13 (3) item IV of Army Rules 1954. He had rendered two years of servie. The duly constituted IMB assessed the disability of the applicant @20% fore life and considered as neither attributable to nor aggravated by military service. As per the statement of the Respondents, since the applicant was invalided out from service wef 01/8/2020, the applicant is eligible for grant of Invalid Pension in terms of latest policy formulated by the Govt of India, Ministry of Defence vide letter dated 16/7/2020, which made applicable to all those personnel who were invalided out from service on or after 04/1/2019. Accordingly, claim of the applicant for grant of Invalid Pension has already been processed to PCDA (P) for issuing PPO in this regard.
6. In view of the foregoing and case of the applicant has already been pending with the PCDA (P) for issuing PPO for grant of Invalid Pension to the applicant in terms of extant policy on the subject, this OA is disposed off with a direction to the Respondents to finalise the case of the applicant within a period of four months from the date of receipt of a copy of this Order. The outcome may be intimated to the applicant.
7. The OA is disposed off accordingly. No order on costs.
8. Pending applications, if any, also stand disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-