Armed Forces Tribunal
Ex Sgt Avadhesh Kumar Choudhary vs UOI & Others on 18 March 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
(CIRCUIT BENCH, JODHPUR)
PHYSICAL HEARING
7.
OA 512/2023 with MA 942/2023
Ex Sgt Avadhesh Kumar Choudhary (792751T)
…. Applicant
Versus
UOI & Others
…. Respondents
For Applicant
: Mr. DS Rathore, Advocate
For Respondents
: Mr. Yuvraj Singh, Proxy for
Mr. Tribhuwan Singh, Advocate
Capt Vishaka Bhosale, OIC Legal Cell, HQ 12 Corps
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
18.03.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for quashing and setting aside the action of the Respondents being illegal, arbitrary, unjust and unconstitutional and that the Respondents be directed to determine, sanction and release 40% disability element of disability pension to the applicant and its rounding off to 50% wef 16/4/2021, ie, from the date of discharge of the applicant with interest @8%.
2. During the course of hearing, Senior Panel Counsel appearing for the Respondents has raised preliminary objection with regard to maintainability of this OA on the ground that the applicant has not filed the Second Appeal before the Competent Authority after rejection of his First Appeal vide letter dated 03/5/2023. He further submits that rather than availing the departmental remedy available to him, the applicant has straightaway filed the OA praying for relief. Contention of the Senior Panel Counsel has also been stated in the Reply Statement filed by the Respondents in this matter.
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3. Taking note of overall facts and circumstances of the case, we deem it appropriate that in case the applicant files a Second Appeal against rejection of his First Appeal for grant of relief as prayed for in the OA to the Competent Authority within a period of two months from the date of receipt of a copy of this Order, the Competent Authority shall decide the same on merit taking into consideration all the objections that are raised by the Applicant in the OA within a further period of six months thereafter. The decision so arrived at on the Appeal of the applicant shall be intimated to the applicant.
4. The OA is disposed off accordingly. No order on costs.
5. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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