Ex Sub Sanjay vs UOI & Others on 8 April 2026

O R D E R

08.04.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to quash and set aside the assessment of the medical board where by the disability of the applicant was assessed @10% due to new GMO 2023 which was earlier assessed @20%. He has further prayed for grant of disability element of disability pension wef 01/1/2024 for life alongwith rounding off benefits with interest @12% per annum as also award of costs of the application in favour of the applicant.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 28/12/1995 and was discharged from service on 31/12/2023 in the rank of Subedar in permanent low medical category. He had rendered 30 years and one day of service. While in service, the applicant sustained an injury on 12/9/2018 while doing BPET at the unit area, which was conceded as attriubutbale to military service and assessed @20%, as the injury “Disc Degenerative Disease” was sustained while he was on bona fide military duty. However, the said disability of the applicant was assessed by the RMB @10% for life as per GMO 2023, whereas the case of the applicant is of 2018 prior to issuance of GMO 2023 and GMO 2023 would not be having retrospective effect. While the applicant was granted service pension for life, but was not granted disability element of disability pension as the disability was assessed @10% based on the new GMO 2023 which is illegally, arbitrary and bad in the eyes of the law. He has further submitted that the disability of the applicant ought to have been made in the light of earlier GMO 2008 instead of GMO 2023 as it was not in existence when the applicant sustained injury. Having been aggrieved, the applicant has filed this OA, pray ing for relief.

3. The Respondents have filed a detailed Reply Statement and have stated that the applicant was enrolled in the Army Medical Corps on 28/12/1995 and was discharged from service on 01/1/2024 on completion of normal service limit under Rule 13 (3) item III 1 (i) (a) of Army Rules 1954. He had rendered 28 years and four days of service and was granted service pension for life. The applicant sustained injury during jumping a 9 ft ditch at the Unit training area of Command Hospita, Kolkata on 12/9/2018, which has been viewed as attributable to military service and assessed @10% for life. Since the disability of the applicant was assessed @10% by the RMB, case of the applicant was not processed for grant of the same. In support of their arguments, the Respondents have placed reliance on the Judgment dated 04/9/2019 passed by the Hon’ble Apex Court in the case of Bachan Prasad Vs UOI, in Civil Appeal No 2259 of 2012.

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

5. It is evident from the record that the applicant was discharged from service on 31/12/2023 under Rule 13 (3) item I (i) (a) of Army Rules 1954 after rendering 28 years and four days of service and was granted service pension for life. The RMB assessed the disability, “Disc Degenerative Disease L4-L5”, @10% for life as per Para 33 Chapter VII of GMO 2008. The injury sustained by the applicant during BPET as stated by the Respondents in their Reply Statement has been considered as attributable to military service. Perusal of medical board proceedings reveal that the medical board has assessed the disability of the applicant @10%, but left it to the “PSA” to decide the attributability/aggravation of the disability sustained by the applicant as also the net assessment qualifying for grant of disability pension.

6. Based on the directions of this Tribunal, OIC Legal Cell has placed on record a copy of the GMO 2008. Perusal of Para 33 of ibid GMO reveals that the minimum assessment of “low backache”, which is stated to be akin to the disabililty of the applicant @20%.

7. In view of the foregoing and since the RMB of the applicant was held on 04/9/2023, the disability of the applicant was assessed in terms of GMO 2008 as GMO 2023 was yet to be implemented. Moreover, in terms of ibid GMO, the disability of the applicant was to be assessed @20% and not @10% as has been done by the duly constituted RMB.

8. In view of the foregoing and since the disability of the applicant was assessed on 04/9/2023, we deem it appropriate to remit the case back to the Respondents to reconsider the assessment of the RMB since as per GMO 2008, the disability was to be assessed @20% and consider the case of the applicant for grant of disability element of disability pension to him with effect from the date of his discharge from service. We expect the Respondents to take a decision within a period of four months from the date of receipt of a copy of this Order. The outcome shall be intimated to the applicant accordingly.

9. The OA is disposed off accordingly. No order on costs.

10. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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