Ex Sep Ajay Singh Thalor vs UOI & Others on 1 September 2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents for the following prayers :- 

- (a) to bring all service and medical documents including the IMB on record with advance copy to the applicant;

- (b) Set aside the Impugned Orders dated 07/8/2023 and 14/8/2023;

- (c) Grant disability pension/Invalid pension to the applicant from the date of his release from Army service, ie, wef 18/3/2022, alongwith rounding off benefits of disability element ;

- (d) Issue a Corrigendum PPO pertaining to the Disability Pension/Invalid Pension and broadbanding of the disability ;

- (e) Pay the arrears of disability pension/invalid pension and broadbanding with interest @8% wef his date of release from the Army and

- (f) Any other relief which the Hon'ble Tribunal deemed fit and appropriate to the facts and circumstances of the case.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the army on 11/1/2020 as a Sepoy Nursing assistant in SHAPE-1 medical category after clearing all the medical and physical tests which were part of the induction process and was not suffering from any disability at the time of his enrolment. However, the applicant was invalidated out from service on 17/3/2022 after serving for two years, two months and seven days in an exemplary attitude and character, due to the disability "Mixed Anxiety and Depressive Disorder". He has further stated that the applicant was in a medically fit condition and was not suffering from any disability at the time of his enrolment and he had served the nation with utmost sincerity and dedication, but was invalidated out from service due to the said disability. While the applicant was not supplied with a copy of the relevant Invalid Medical Board proceedings held on 19/2/2022 and as per the Pension Payment Order No 203202201908, the disability of the applicant was assessed @40% for life and considered it as neither attributable to nor aggravated by military service, Annexure A/3. However, despite all out efforts, the Respondents have not paid heed to the plea of the applicant in granting disability pension. In support of the arguments of the applicant, he has placed reliance, amongst others, on the Judgment dated 02/7/2013 passed by the Hon'ble Apex Court in Civil Appeal No 4949 of 2013 in the case of Dharamvir Singh Vs UOI & Ors. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. The Respondents vide their Reply Statement, while not disputing the basic facts, have submitted that the applicant herein was invalidated out from Army service on 17/3/2022 due to the disability, "Mixed Anxiety and Depressive Disorder" under Rule 13 (3) item III (iii) of Army Rules, 1954. He had rendered two years, two months and eight days of service. The duly constituted IMB assessed the said disability of the applicant @40% for life and considered it as neither attributable to nor aggravated by military service, with net assessment qualifying for grant of disability pension @ NIL for life, as no clear identifiable severe stressors are present as causative factors for the illness, in terms of Para 54 of CH IV of GMO, 2008 (Revised). He has accordingly been granted Invalid Gratuity vide PPO No 203202201908.

 The image is the national emblem of India, featuring the Lion Capital of Ashoka. It depicts four lions standing back-to-back, facing North, East, West, and South. In the center is a wheel with 24 spokes. Above the lions is a Dharmachakra (wheel of dharma). The emblem is topped with a lotus flower and a sunburst.

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 invalided out from army service wef 17/3/2022 due to the disability, "Mixed Anxiety and Depressive Disorder". He had rendered a little over two years of service. The IMB assessed the disability of the applicant @40% for life with net assessment qualifying for grant of disability pension at NIL for life and considered it as neither attributable to nor aggravated by military service. Further, perusal of IMB proceedings placed at Annexure, R/3, by the Respondents, it has been stated at Page No 11 of the proceedings - 'Fitness certificate for civil employment' - that the applicant is 'Unfit for employment in civil requiring high mental fitness'.

6. With regard to grant of Invalid Pension to Armed Forces Personnel before completion of 10 years of qualifying service, Govt of India, Ministry of Defence, Department of Ex-Servicemen Welfare-D (Pension/Policy), vide its letter dated 16/7/2020, Invalid pension was made applicable to Armed Forces personnel with less than 10 years of qualifying service in cases where personnel are invalided out of service on account of any bodily or mental infirmity which is neither attributable to nor aggravated by military service and which permanently incapacitates them from military service as well as civil employment. The provision shall apply to those Armed Forces personnel who were/are in service on or after 04/1/2019.

7. In view of the foregoing and since the applicant was invalided out from service with a disability, which has been considered as neither attributable to nor aggravated by military service and as per the opinion of medical board, the applicant is unfit for civil employment requiring high mental fitness, also, we deem it appropriate to remit the case back to the Respondents in considering the prayer of the applicant in terms of ibid Govt of India, Ministry of Defence policy letter. We expect the Respondents to take a decision within a period of six months from the date of receipt of a copy of this Order. The outcome shall be intimated to the applicant.

- 8. The OA is disposed off accordingly. No order on costs.

- 9. Pending application, if any, also stand disposed off.


Sd/- XXX

न्याय

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-