Ex Swr (MACP Dfr) Vikram Singh Chandawat vs UOI & Others on 10 March 2026

O R D E R

10.03.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grantof DisabilityPension from the date of his discharge from Service along with consequential benefits and that the arrears be paid along with interest @ 12% per annum and suitable cost for litigation.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Armyon 31.12.2004 and after rendering more than 17 years of service, he was discharged from Service on 31.12.2021 in low medical category on completion of terms of engagement. The Applicant has been granted Service Pension for life, however, Disability Element of Disability Pension has not been granted on the grounds that the Disability “Chronic Kidney

Disease – Renal Transplant Recipient”wasassessed @ 80% for life and considered it as Neither Attributable to Nor Aggravated (NANA) by duly constituted Release Medical Board without giving any specific opinion.The Applicant submits that he suffered from the Disability due to stress and strain of military service and, hence, the disability should be considered as Attributable to Military Service. In support of his claim, the Applicant has placed reliance on AFT (RB) Chennai Order dt 08.02.2019 in OA No 172/2018 in the case of Ex Sep Bhandari Bhaskara Rao Vs UOI & Ors. 1st and 2nd Appeals preferred by the Applicant have also been rejected by the Competent Authorities. Therefore, the aggrieved Applicant has filed present OA.

3. The Respondents havefiled a detailed reply to the Application. While not contesting the basic facts presented by the Applicant, the Respondents have submittedthat the Applicant was discharged from Service on completion of terms of engagement and his disability was considered as NANA, therefore, he is not eligible for grant of Disability Element of Disability Pension. In the present case, the disability of the Applicant was considered as NANA by the duly constituted Release Medical Board, which is a body of medical experts and its opinion has to be given due value, weight in the light of principles laid down by Hon’ble Supreme Court in the case of Secy MoD & Ors Vs Damodaran AV, (2009) 9 SCC 140. Moreover, the Appeals preferred by the Applicant have also been rejected by the Competent Authorities. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments on 02.02.2026, Learned Counsel for the Applicant placed on record copy of this Tribunal Order dt 22.03.2022 in OA No 17/2016 in the case of Ex Nk Bhanwara Ram Vs UOI & Ors and AFT (RB), Chennai, Circuit Bench at Hyderabad Order dt 08.02.2019 in OA No 172/2018 in the case of Ex Sep Bhandari Bhaskara Rao Vs UOI & Ors and submitted that the similarly placed personnel were allowed Disability Pension vide aforesaid orders and these orders have also been complied with by the Respondents. Therefore, the present case may be decided in the light of aforesaid judgments in the case of Ex Nk Bhanwara Ram (Supra) and Ex Sep Bhandari Bhaskara Rao (Supra). Learned Counsel for the Applicant also placed on record copy of this Tribunal Order dt 05.02.2026 in MA(E) No 142/2022 in OA No 17/2016 wherein the Respondents have complied with this Tribunal Order dt 22.03.2022 in the case of Ex Nk Bhanwara Ram (Supra). Today, during the course of arguments, Learned Counsel for the Respondents confirmed that this Tribunal Order dt 22.03.2022 has been complied with and raised no objection if the Respondents are directed to decide the present case in the light of order dt 22.03.2022 in the case of Ex Nk Bhanwara Ram (Supra). However, he submitted that the disability of the Applicant qualifying for grant of disability pension was assessed @ NIL, being NANA. Further, this opinion of disability being NANA was taken after due consideration of the history of the disease and other relevant factors in terms of Paras 70 and 71, Chapter VI, GMO (Military Pension), 2008.

5. We have taken into consideration the reasons advanced by both the Applicant and the Respondents. It is evidently clear from the medical case sheet that the Applicant was detected with high blood pressure, anaemia and other related medical abnormalities while on leave at home in Dec 2016. Further, investigation at Base Hospital, Delhi Cantt and Army Hospital (R&R), Delhi Cantt showed the kidney failure and the Renal Transplant was done in March 2017. At the time of Release Medical Board, he is stated to be asymptomatic and doing well. Further, he was discharged on completion of terms of engagement and was not invalidated out. Taking into consideration all these facts, the disability of the Applicant was classified as NANA and, accordingly, disability pension to the Applicant was not recommended.

6. However, taking into consideration overall facts and circumstances of the case and also the fact that though the disability of the Applicant has been considered as NANA and the fact that a similarly placed person, Ex Nk Bhanwara Ram (Supra) has been granted Disability Element of Disability Pension based on Order dt 22.03.2022 of this Tribunal, we direct the Respondents to reconsider the instant case in the light of this Tribunal Order in the case of Ex Nk Bhanwara

Ram (Supra) within a period of six months from the date of receipt of a certified copy of this Order. The outcome thereof shall be intimated to the Applicant.

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

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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