Ex Sub Charat Singh Gurjar vs UOI & Others on 21 April 2026

O R D E R

21.04.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant him War Injury Pension @ 100% along with Rounding Off Benefits and Constant Attendant Allowance and in the alternate, the Applicant may be called for a fresh Re- Survey Medical Board to assess his present condition of the disability 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 enrolled in the Army on 15.08.1994 and after rendering more than 28 years of service, he was discharged from Service on 31.08.2022on completion of terms of engagement. While in service, the Applicant suffered mine blast injuries, viz., (i) “Gun Shot Wound Rt Side of Chest” and (ii) “Splinter Injury Lt Foot”. His disability was considered as Attributable to Military Service and classified as “Battle Casualty”. Though, the Applicant’s disability was assessed @ 100% by the duly constituted Release Medical Board, but, the Applicant was not granted War Injury Element @ 100%. The Applicant issued Legal Notice to the Respondents for grant of War Injury Element @ 100% but to no avail. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents have filed a detailed reply and while not disputing the basic facts presented by the Applicant, they have submitted that the composite disability of the Applicant was assessed @ 28% for life (Battle Casualty) by the duly constituted Release Medical Board and, accordingly, the Applicant has been granted War Injury Element duly rounded off to 50% for life wef 01.09.2022. In view of the above, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant submitted that the Respondents may be directed to constitute onetime RAMB of the Applicant to assess his present medical condition as his disability has deteriorated after his discharge from Service. It was also submitted by the Counsel for the Applicant that in the Discharge Book of the Applicant, his disability has been shown as 100%.

5. We have heard Learned Counsels for both the parties and perused the material placed on record.

6. It is not in dispute that the Applicant’s disability was considered as Attributable to Military Service (Battle Casualty) and, accordingly, he was granted War Injury Element along with Service Pension. Perusal of the Release Medical Board reveals that the Applicant’s Composite Disability was assessed @ 28% for life and, hence, the Applicant has been granted War Injury Element @ 28% duly rounded off to 50% for life. Though, the Applicant has submitted that his disability was assessed @ 100% and he was recommended for Constant Attendant Allowance, but he has placed nothing on record which substantiate his claim that his disability was assessed @ 100% except an entry at Page 9 of his Discharge Book where his disability has been shown as assessed @ 100%.

However, on careful perusal of page No 9 of the Discharge Book (Page No-17 of the OA), the same seems to be overwritten as the impression of the writing is clearly different from the other entries on this page and the discharge book. It is quite possible that this entry might have been tempered with to obtain undue benefit which needs to be investigated. Since the RMB has assessed his Composite Disability of the Applicant @ 28%, he is clearly not eligible for grant of War Injury Pension @100%, as claimed by the Applicant.

7. However, notwithstanding above and the prayer ofthe Applicant for re- assessment of his disability, we direct that in case the Applicant makes a fresh representation before the Competent Authority with regard to his prayer in the OA and holding of onetime RAMB within a period of one month from the date of receipt of a certified copy of this Order, the Competent Authority shall decide the case of the Applicant on merits, with due scrutiny of the Release Medical Board and the Discharge Book within a period of four months thereafter. The outcome of the representation shall be intimated to the Applicant.

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

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-