Ex AC (UT) Keshav Singh Beniwal (Air Force) vs UOI & Others on 23 March 2026

**ORDER**

**23.03.2026**

1. Under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has filed this OA praying for directing the Respondents to grant Invalid Pension to the applicant by considering the disability of the applicant as attributable to military service.

2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Air Force on 27/6/2018 and was discharged from service on 07/8/2020 under the clause, on having been found medically unfit for further service in the Air Force. He had rendered two years, one month and 11 days of regular service in the Air Force. The IMB assessed the disability of the applicant, "Ependymoma Cervical Spine (Optd)" @30% for life and considered it as neither attributable to nor aggravated by service. In terms of Para 153 of Pension Regulations for the Air Force, the Applicant was not granted disability pension.

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

4. During the course of hearing, counsel for the applicant submits that in accordance with the latest policy of the Govt of India, Ministry of Defence letter dated 16/7/2020, the applicant is entitled for grant of Invalid Pension. It has also been submitted by the Counsel for the Applicant that while the first appeal submitted by the applicant against rejection of his claim has been rejected, the Second Appeal filed by the applicant is pending before the competent authority.

5. It is not in dispute that the First Appeal filed by the applicant has been rejected by the competent authority vide their letter dated 10/11/2021. However, Second Appeal filed by the applicant is pending before the competent authority for adjudication. As regards grant of Invalid Pension under Govt of India, Ministry of Defence letter dated 16/7/2020, it may be observed that he is not eligible for the same as one of the conditions for grant of Invalid Pension for service less than 10 years, viz, unfit for civil employment is not met.

6. In view of this fact, in case the applicant raises the objections that are raised in this OA, as also the orders/judgments on which reliance is placed in similar cases, before the competent authority within a period of two months, we expect the same Second Appeal of the applicant is decided within a period of six months from the date of receipt of such a detailed representation from the applicant. The applicant is also directed to submit a copy of the OA along with its entire annexures to the competent authority. The outcome of this Second Appeal shall be communicated to the applicant.

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

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

Sd/-xxx

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

The State Emblem of India, featuring the Lion Capital of Ashoka, which depicts four lions standing back-to-back, with a wheel (Dharmachakra) in the center.

सत्यमेव जयते

Sd/-xxx

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

cda/-

The official seal of the Armed Forces Tribunal. It is a circular emblem with the text 'सशस्त्र बल अधिकारण' (Armed Forces Tribunal) in Devanagari script at the top and 'ARMED FORCES TRIBUNAL' in English at the bottom. In the center, there is a scale of justice above a crossed rifle and an anchor. Below the seal, a ribbon contains the Sanskrit motto 'यतो न्यायः ततो जयः' (Where there is justice, there is victory).