Ex Nk Vijai Singh vs UOI & Others on 11 August 2026

1. 1. UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi

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

3. 3. OIC Records, The Grenadier Records, PIN 908 776, c/o 56 APO

.... Respondents

For Applicant For Respondents

: Mr. Sunil Kumar, Advocate : Mr. Gajendra Sharma, Advocate

**CORAM:**

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)

**ORDER****11.08.2026**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant disability element wef the date it was discontinued for life-alongwith rounding off benefit wef 01/1/1996 for life to the applicant. He has also prayed for payment of arrears with interest @18% pa.

2. Brief facts of case of the applicant as enunciated by the applicant are that the applicant was enrolled in the Army on 09/11/1976 and was invalidated out from service on 31/1/1994 after rendering 17 years, one month and 22 days of service in the rank of Naik under Rule 13 (3) item III (i) with 20% disability due to the disability, "Osteoarthritis (Lt) Knee". The disability of the applicant was considered as attributable to military service and he was paid the disability element till 01/9/2003.

The RSMB held in the year 2003 assessed the disability of the applicant @ less than 20% and because of which, the disability element of the applicant was discontinued wef 01/9/2003, whereas the applicant was invalided out from service with grant of service element as well as the disability element. However, despite submission of representation to the Respondents for grant of disability element wef the date it was stopped for life alongwith rounding off benefits wef 01/1/1996 for life, no heed was paid to the request of the applicant. Having been aggrieved by the action of the Respondents, 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 was downgraded to low medical category CEE (T) wef 04/4/1981 due to the disability, "Osteo Arthritis". On subsequent medical review, he was downgraded to low medical category CEE (Permanent) wef 22/2/1993. He was discharged from service on 31/1/1994 under rule 13 (3) item III (v) read in conjunction with Army Rule 13 (2A) being placed in Permanent Low Medical Category lower than AYE and no suitable employment was available commensurate with his medical condition. He had rendered 22 years, one month and 17 days of service and was granted service pension for life. The duly constituted RMB assessed the said disability of the applicant @20% for two years and considered it as aggravated by military service and the disability element was accordingly granted for two years as assessed by the RMB. The RSMB held on 30/12/1995 assessed the disability of the applicant @20% for two years including for the intervening period from 19/11/1995 to 29/12/1995 and, thus granted disability element to the applicant till 29/12/1998 vide PPO dated 14/5/1996. Further RSMB held on 22/8/1998 assessed the disability of the applicant @ 20% for ten years, but the MA(P)/PCDA (P) arbitrarily reduced the percentage of disability of the applicant @11-14% for five years vide PCDA (P) letter dated 17/12/1998. Final RSMB held in August 2003, assessed the disability of the applicant @11-14% for life, the decision of which was communicated to the applicant with an advice to prefer an appeal, if so desired, but the applicant has not preferred any Appeal. In view of this, the Respondents have submitted that the applicant is not eligible for grant of relief.

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

5. It is evident from the record that the applicant was discharged from service wef 31/1/1994 in low medical category due the disability, "Osteo Arthritis". He had rendered a little over 22 years and was granted service pension for the qualifying service. The RMB assessed the ibid disability of the applicant @20% for two years and considered it as aggravated by military service. Based on the RMB and subsequent RSMB, the applicant was granted disability element till 29/12/1998. Next RSMB held on 22/8/1998 assessed the disability of the applicant @ 20 for ten years, however, the MA(P)/PCDA (P) arbitrarily and unfairly reduced the percentage from 20% to 11-14% for five years and denied the applicant his legitimate dues. The action, therefore, of the MA (P)/PCDA (P) in interfering with the opinion of the duly constituted medical board was not in consonance with the Judgment passed by the Hon'ble Apex Court. Further, notwithstanding the statement of the Respondents in their Reply Statement, perusal of copy of RSMB held in August 2003, reveals that the medical authorities at Para 6 of the report clearly stated the disability of the applicant as "Static". Therefore, in our opinion, the applicant is eligible for grant of disability element wef 30/12/1998 to August 2003 as assessed by the RSMB held on 22/8/1998 as also wef August 2003 for life as assessed by the RSMB held in the month of August 2003 as the percentage of disability should have been assessed @20%, his condition being 'Static' with reference to the previous RSMB wherein it had been assessed @20%. Hence, the applicant is eligible for grant of disability element for five years wef 30/12/1998 @20% and thereafter @20% for life wef August 2003.

6. In-fine the OA is allowed. However, since the applicant has filed OA after a hiatus of 27 years from the date of discontinuation of disability element, it is ordered that the arrears of disability element be paid to the applicant three years prior to the date of filing of the OA, which is 15/12/2023. Accordingly, the OA is partly allowed and the Respondents are directed to grant disability element @20% wef 15/12/2020 for life to the applicant. Respondents are also directed to grant benefit of rounding off of disability element of the applicant from 20% to 50% in terms of Judgment dated 12/2/2026 passed by the Hon'ble Apex Court in the case of Union of India through its Secretary & Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. The arrears accruing thereof shall be paid to the applicant within a period six months from the date of receipt of a copy of this Order and in default thereof, the applicant shall be entitled to receive interest @6% on the whole amount till the date of its actual payment.

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

- 8. Pending application, if any, also stands disposed off.


व नयः

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

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

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