Lt Col Abdul Rasid (Retd) vs UOI & Others on 4 August 2026

O R D E R

04.08.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed present OA praying therein for directing the Respondents to grant Disability Element of Disability Pension for the disability “Bilateral Noise Induced Sensorineural Hearing Loss” and consider the disability “Diabetes Mellitus Type- II” @ 20% for life and thereafter grant him Disability Element of Disability Pension @ 40% duly rounded off to 50% wef 01.02.2003 and that the arrears be paid along with interest @ 12% per annum.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was commissioned in the Army on 08.12.2001 and after rendering more than 38 years of service, including the service in Ranks, he was discharged from Service on 31.01.2023 on attaining the age of superannuation, for which he has been granted Service Pension for life. Due to stress and strains of military service, the Applicant suffered from disabilities, viz., (i) “B/L Noise Induced Sensorinueral Hearing Loss” and (ii) “Diabetes Mellitus Type-II”. Hewas placed in low medical category and retained in service till attaining the age of superannuation. The duly constituted Release Medical Board held at the time of his superannuation, assessed his disabilities, viz, ID (i) “B/L Noise Induced Sensorineural Hearing Loss” @ 20% for life and opined it as Aggravated by Military Service and ID (ii) “Diabetes Mellitus Type-II” @ 20% for life and opined it as Aggravated by Military Service, with Composite Disability @ 40% for life and net assessment qualifying for grant of Disability Pension @ 20% for life. The case for grant of Disability Element of Disability Pension was processed with the Competent Authority, who considered his ID (i) “B/L Noise Induced Sensorineural Hearing Loss” as NANA without assigning viable reasons and rejected Disability Pension claim of the Applicant. The Applicant submits that the Administrative Authorities cannot alter the findings and opinion of the Medical Board which is an expert medical body. The Applicant has placed reliance on Hon’ble Supreme Court judgments in the case of Dharamvir Singh Vs UOI & Ors (2013) 7 SCC 316 and UOI & Ors Vs Rajbir Singh JT 2015(2) SC 312 and contended that at the time of joining the Army, he was physically and medically fit and suffered from the disabilities while in service. Therefore, both the IDs should be considered as Attributable to or Aggravated by Military Service and he should be granted Disability Element of Disability Pension for Composite Disability @ 40% for life duly rounded off to 50% for life from the date of his discharge from Service. The Applicant made representations and also issued Legal Notice for grant of Disability Element of Disability Pension @ 40% duly rounded off to 50%, but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents filed a detailed reply to the Application and while not disputing the basic facts presented by the Applicant, they have submitted that during initial adjudication, the Competent Medical Authority found that ID (i) “B/L Noise Induced Sensorineural Hearing Loss” had been over-assessed by the Release Medical Board and did not satisfy the eligibility conditions as prescribed under Para 23, Chapter VI of GMO, 2008. ID (ii) “Diabetes Mellitus Type-II” was also found to be a metabolic/lifestyle disease, diagnosed at a peace station, without any causal connection with military service. In view of the aforesaid facts, the Respondents have submitted that the Applicant is not eligible for grant of Disability Element of Disability Pension. The OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsel for both the parties and perused the material placed before us. Now the question arises, as to whether administrative authorities can overrule the opinion of Medical boards?

5. On the question of primacy of the opinion of medical boards, Hon’ble Supreme Court in its judgment in the case of Secretary, Ministry of Defence and others Vs. AV Damodaran (dead) through LRs &Ors, reported in (2009) 9 SCC 140, held as under:-

“8. When an individual is found suffering from any disease or has sustained injury, he is examined by the medical experts who would not only examine him but also ascertain the nature of disease/injury and also record a decision as to whether the said personnel is to be placed in a medial category which is lower than ‘AYE’ (fit category) and whether temporarily or permanently. They also give a medical assessment and advice as to whether the individual is to be brought before the release/invalidating medical board. The said release/invalidating medical board generally consists of three doctors and they, keeping in view the clinical profile, the date and place of onset of invaliding disease/disability and service conditions, draws a conclusion as to whether the disease/injury has a causal connection with military service or not. On the basis of the same, they recommend (a) attributability, or (b) aggravation, or (c) whether connection with service. The second aspect which is also examined is the extent to which the functional capacity of the individual is impaired. The same is adjudged and an assessment is made of the percentage of the disability suffered by the said personnel which is recorded so that the case of the personnel could be considered for grant of disability element of pension. Another aspect which is taken notice of at this stage is the duration for which the disability is likely to continue. The same is assessed/recommended in the form of AFMSF-16. The Invalidating Medical Board forms its opinion/recommendations on the basis of the medical report, injury report, court of enquiry proceedings, if any, charter of duties relating to peace or field area and, of course, the physical examination of the individual.

9. The aforesaid provisions came to be interpreted by the various decisions rendered by this Court in which it has been consistently held that the opinion given by the doctors or the medical board shall be given weightage and primacy in the manner for ascertainment as to whether or not the injuries/illness sustained was due to or was aggravated by the military service which contributed to invalidation from the military service.”

6. The sum and substance of the above decision is that the authority which has not personally and physically examined the person cannot overrule the opinion of the Medical Boards which is a body of medical experts and have personally and physically assessed him.

7. In the present case, the duly constituted Release Medical Board assessed his ID (i) @ 20% for life and considered it as Aggravated by Military Service. Therefore, we are of the view that in the light of principles laid down by various judgments of Hon’ble Supreme Court as mentioned above, the Administrative Authorities at IHQ of MoD (Army) were not justified in re-assessing the Disability of the Applicant for ID (i) below 20%. ID (ii) of the Applicant “Diabetes Mellitus Type-II” was considered as NANA by the duly constituted Release Medical Board and, hence, we are not inclined to interfere with the opinion of the Release Medical Board. Therefore,we are of the considered opinion that the Applicant is entitled for Disability Element of Disability Pension @ 20% for life for ID (i) “B/L Noise Induced Sensorineural Hearing Loss” duly rounded off to 50% from the date of his discharge from Service.

8. In-fine, the Respondents are directed to grant Disability Element of Disability Pension to the Applicant @ 20% duly rounded off to 50% wef 01.02.2023, ie, from the date of his discharge from Service.The arrears of Disability Element of Disability Pension shall be paid to the Applicant within six months from the date of receipt of a certified copy of this Order, failing which, the arrears shall carry interest at 6% per annum till the date of actual payment.

9. The OA is ordered, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

10. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-