Ex Hav Bhaira Ram Janghu vs UOI & Others on 7 March 2026

**ORDER**

**07.03.2026**

**MA No 551/2023**

1. 1. The Applicant has filed this OA praying for condonation of delay of two and a half years involved in filing the OA, which would be considered alongwith the main OA.

**OA No 352/2023**

1. 2. Under Section 14 of the Armed Forces Tribunal Act, 2007, the Applicant has filed this OA praying for allowing this OA and the applicant's disability, "Stress Fracture Neck Femur (Lt)" assessed @20% for two years be held as attributable to military service for life and that the applicant be granted Disability Element of Disability Pension wef 01/11/2000 with rounding off benefits as per existing policy. He has prayed that the disability of the applicant has got further aggravated with advancing age and as such he be brought before a fresh RSMB for re-assessment of his disability.

3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army (CMP) on 05/2/1978 and was discharged from service wef 31/10/2000 under Rule 13 (3) item III (v) read in conjunction with Army Rule 13 (2)A being surplus to the establishment without reserve liability to serve in Reserve due to his being placed in low medical category, 'BEE', Permanent and CEE Permanent for his disabilities, Schizophrenia and Stress Fracture Neck Femur (Lt) (Optd) respectively. He had rendered 22 years, eight months and 24 days of qualifying service and was granted service pension for life, which was revised from time to time as per extant policy. The duly constituted RMB assessed the disabilities of the applicant, (i) "Schizophrenia" @ NIL percentage and (ii) Stress Fracture Neck Femur (Lt) (Optd) @ 20% for two years and considered the disability as aggravated and attributable to military service respectively, with composite assessment @20% for two years. However, claim of the applicant was rejected by the PCDA (P) as it considered the disabilities as constitutional in nature and not related to service based on the opinion of the Commanding Officer, 61 (I) Sub Area Provost Unit on the Court of Inquiry and rejected the claim. Rejection of the claim of the applicant was communicated to him vide Record Office letter dated 26/7/2001 with an advice to him to prefer an appeal, if he is not satisfied with the decision, however, the applicant did not prefer any appeal. Only after a lapse of 23 years, did the applicant re-surrected and approach the Record Office through his RTI application dated 23/5/2003, requesting for supply of a copy of the RMB proceedings, etc. Respondents have also submitted that the OA filed by the applicant after an inordinate delay of more than 22 years needs to be rejected in terms of judgment of the Hon'ble Apex Court in the case of C Jacob Vs Director of Geology and Mining and Anr, reported in (2008) 10 SCC 115.

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

5. It is evident from the material on record that the applicant was discharged from service wef 31/10/2000 under Rule 13 (3) item III (v) read in conjunction with Army Rule 13 (2) A being surplus to the establishment due to low medical category. He had rendered 22 years, eight months and 24 days of qualifying service and was granted service pension for life. The duly constituted RMB assessed the disabilities of the applicant, (i) "Schizophrenia" @ NIL percentage and (ii) Stress Fracture Neck Femur (Lt) (Optd" @ 20% for two years and considered the disabilities as Aggravated and attributable to military service respectively. However, disability pension was not granted to the applicant for two years as assessed by the duly constituted RMB, which is against the Judgment passed by the Hon'ble Apex Court in this regard. In view of this, the applicant is eligible for grant of disability element of disability pension @20% for two years with effect from the date of his discharge from service. As has been prayed for by the applicant, the applicant is not eligible for grant of any relief for the disability, "Schizophrenia", in terms of a number of judgments of the Hon'ble Apex Court. Moreover, the duly constituted RMB assessed this disability at NIL percentage Permanent.

6. In fine, the Respondents are directed to grant disability element of disability pension @20% duly rounded off to 50% for two years wef the date of discharge of the applicant, ie, 01/11/2000 to the applicant. 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% till its actual date of payment.

7. Further, since the disability of the applicant, "Stress Fracture Neck Femur (Lt) (Optd)" with which the applicant was discharged from service in low medical category which was assessed @20% for two years and was considered as Attributable to military service and no further RSMB was conducted thereafter, we deem it appropriate to bring the Applicant before a fresh Re-assessment Medical Board (RAMB) to assess his present degree of disablement of this particular disability.

8. We, therefore, direct the Respondents to constitute a onetime Re-assessment Medical Board (RAMB) at the designated Military Hospital for the examination of the Applicant towards the aforesaid purpose within eight months from the date of receipt of a certified copy of this Order and to inform the Applicant the date and venue for his presence. The RAMB will give its opinion on the present medical condition of the Applicant for the said Disability, "**Stress Fracture Neck Femur (Lt) (Optd)**", only with which he was discharged from service in Low Medical Category and assess the degree of Disability and the probable duration of the degree of disablement alongwith any other observation relevant to the case. The copy of RAMB proceedings shall be placed before the Competent Authority for their consideration in accordance with extant rules and regulations. Before departing we make it clear that in case the Disability Element is proposed to be granted on the basis of RAMB recommendations, the disability element of disability pension shall be granted to the applicant wef the date of holding of the RAMB alongwith rounding off benefits given the fact that there has been an inordinate delay of more than two decades in approaching this Tribunal since rejection of his disability element.

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

2. 10. Pending application, if any, also stands disposed off.

Sd/- x x x

Sd/- x x x

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-

यतो न्यायः ततो जयः