Ex Sub & Hony Capt Prem Singh Shekhawat vs UOI & Others on 20 April 2026

1. 1. Union of India, Through Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi-110011

2. 2. The PCDA (P), Prayagraj (UP) 211014

3. 3. CRO, The Granadiers Records, Jabalpur (MP) .... Respondents For Applicant : Mr Govind Sharma, Advocate For Respondents : Mr Gajendra Sharma, Advocate

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**

**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to consider his disability @60% and accordingly grant him Disability Pension as per the provisions of Pension Regulations for the Army, 1961.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 27.04.1983 and after rendering more than 29 years of service, he was discharged from Service on 31.10.2022 on medical grounds. While in service, the Applicant suffered mine blast injuries, viz., (i) "Partial Calcaneotomy and heel pad loss right lower", (ii) "Foot drop post calcaneal loss right lower limb" and (iii) "Multiple Splinter left lower limb". His disability was considered as Attributable to Military Service and classified as "Battle Casualty". Though, the Applicant's disability was assessed @ 60% permanent by Artificial Limb Centre, Pune, Govt of India, Unique Disability ID Certificate dt 31.03.2020 and Department of Medical and Health, Govt of Rajasthan, the duly constituted Release Medical Board held at the time of his discharge from Service, arbitrarily assessed his composite disability @ 39.2% for life and, accordingly, granted him War Injury Element @ 39.2% duly rounded off to 50% for life. The Applicant submits that since the Competent Medical Authorities at Artificial Limb Centre, Govt of Rajasthan and Govt of India, Unique Disability ID assessed his disability @ 60% permanent, the assessment of his disability @ 39.2% by the Release Medical Board held at the time of his retirement is illegal, arbitrary and malicious and deserves to be quashed. In view of the aforesaid averments, the Applicant has prayed for grant of War Injury Element @ 60% duly rounded off to 75% from his date of discharge from Service.

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 @ 39.2% for life by the duly constituted Release Medical Board and, accordingly, the Applicant has been granted War Injury Element duly rounded off to 50% for life. In view of the above, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

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

5. Perusal of records reveal that the disability of the Applicant was assessed @ 60% permanent by the Competent Medical Authorities at Govt of India Unique Disability, Govt of Rajasthan and the Artificial Limb Centre, Pune. However, the Release Medical Board assessed his composite disability @ 39.2% for life. In case of defence personnel, it is the Release Medical Board/Invaliding Medical Board, which determines the percentage of disability and its attributability and/or aggravation for deciding whether the individual is entitled to disability pension or not. Since in the present case, the duly constituted Release Medical Board has determined the Composite Disability @ 39.2% in respect of the Applicant, he was granted War Injury Element @ 50% after rounding off his disability.

6. However, since the Applicant has prayed for grant of higher rate of War Injury Element, we direct that if the Applicant makes a fresh representation to the Competent Authority with regard to his prayer in the OA within a period of one month of receipt of a certified copy of this Order, the Competent Authority shall re-consider the case of the Applicant expeditiously, preferably within a period of four months, thereafter, The outcome of the representation shall be intimated to the Applicant.

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

8. No order on costs.


भारतसर्वकार

Sd txxx

Sd txxx

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

Ssy/-


यतो न्यायः ततो जयः