Ex Nk (MT) Thana Ram vs UOI & Others on 20 January 2026

O R D E R

20.01.2026

MA No 296/2024

1. The Applicant has filed this MA, praying for condonation of delay of 27 years, seven months and 28 days in filing the OA is allowed, taking into consideration the reasons advanced therein.

OA No 192/2024

2. 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 of disability pension to the applicant wef 28/10/1996 for life alongwith its rounding off benefits to 50% as per provisions of existing orders and instructions as explained in various judgments passed by the Hon’ble Supreme Court of India, various AFT’s Orders and Circulars issued by the Govt of India, Ministry of Defence from time to time. He has also prayed for payment of arrears with 8% interest thereon from the date of due to the date of actual payment to the applicant. Any other relief as the Hon’ble Court may deem it fit and proper may also be passed in favour of the applicant.

3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army (ASC MT) on 15/5/1972 in medical category, ‘AYE’, and was discharged from service in medical category, ‘EEE’ Permanent wef 31/12/1991 on completion of 19 years, seven months and 17 days of service, ie, before completion of his terms of engagement of 22 years for the rank of Naik, which entails that the applicant was deemed invalided out from service in terms of Rule 173A of Pension Regulations for the Army 1961, Part I. Hence, the applicant is eligible for grant of disability element of disability pension and its rounding off to 50% wef 28/10/1996,even if the ID is re-assessed at less than 20% by the RSMB, Annexure A/2. The applicant was sanctioned service element of his disability pension wef 01/1/1992 for life, which was revised from time to time. Apart from service pension, based on the assessment of the RMB, which considered the disability of the applicant, “Chronic Duodenal Ulcer (Optd)”, as aggravated by military service, the applicant was also granted disability element of disability pension wef 01/1/1992 to 27/10/1996. Further RSMBs held at MH Jodhpur, re- assessed the disability of the applicant at less than 20%, firstly for ten years 28/10/1996 to 16/8/2006 and again at less than 20% for life. Applicant further submits that despite explicit orders on the subject passed by the Hon’ble Apex Court in the case of Sukhvinder Singh Vs UOI &Ors, Civil Appeal No 5605 of 2010, decided on 25/6/2014, the applicant was eligible for grant of disability element of disability pension even if it was re-assessed at less than 20% by the

RSMBs, however, the relief has not been granted to the applicant. Hence, having been aggrieved, the applicant has filed this OA, praying for relief.

4. The Respondents have filed a Reply Statement. While not negating the basic facts,the Respondent have submitted that the applicant was discharged from service wef 31/12/1990 due to his unwillingness to continue in alternative employment on being placed in Permanent Low Medical Category under Rule 13

(3) item III (v) of Army Rules, 1954, on account of his disability, “Chronic Duodenal Ulcer (Optd)”. He was granted service pension for the qualifying service. The RMB assessed the same disability of the applicant @20% for two years and considered it as aggravated by military service as also connected with service due to stress and strain and dietetic habits in service conditions. The applicant was granted disability element of disability pension for the period 01/1/1992 to 27/10/1996. The RSMB held at MH, Jodhpur, on 17/8/1996 assessed the disability of the applicant @20% for five years wef 28/10/1996, Annexure R/5. However, the MA (P)/PCDA (P), reassessed the disability of the applicant to be less than 20%, 6-10% and Permanent wef 28/10/1996 to 16/8/1997 and, hence, the disability element of disability pension of the applicant was discontinued, which was duly communicated to the applicant vide letter dated 06/3/1997, which an advice to the applicant to prefer an appeal, if so desired. Final RSMB held on 08/8/2002 assessed the disability of the applicant @6-10% for life. Respondents have also stated that the OA has been filed after a hiatus of more than 31 years from the date of discharge of the applicant which is beyond the period of limitation and, hence, is liable to be dismissed on the grounds of delay and latches.

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

6. Perusal of material on record revealsthat the applicant was discharged from service wef 31/12/1991 in Low Medical Category, CEE (Permanent) owing to his unwillingness to continue in service in alternative employment having been placed in permanent low medical category. He had rendered 19 years, seven months and 17 days of service for which he was granted service pension for life. The disability of the applicant, “Chronic Duodenal Ulcer (Optd)”, was assessed by the RMB at the time of his discharge from service, @20% for two years and considered it as not attributable to military service, but aggravated by military service due to stress and strain and dietetic habits in service conditions. The applicant was granted disability element of disability pension for the period 01/1/1992 to 27/10/1996. RSMB held at MH, Jodhpur, on 17/8/1996 assessed the disability of the applicant @20% for five years wef 28/10/1996, however, the MA (P)/PCDA(P), on their own volition, tweaked the opinion of the duly constituted RSMB and re-assessed the disability of the applicant to be less than 20%, ie, 6-10% and denied the rightful due to the applicant. Final RSMB held on 08/8/2002 assessed the disability of the applicant @ 6-10% for life and, hence, discontinued the disability element in terms of Para 173 of Pension Regulations for the Army 1961, Part I. While the grant of disability element of disability pension was discontinued for life based on the final assessment made by the duly constituted for which he find no infirmity or illegality as the opinion of the duly constituted medical board is sacrosanct in terms of judgment of the Hon’ble Apex Court in the case of Secretary, Ministry of Defence & Ors Vs AV Damodaran (Dead) through LRs &Ors (2009) 9 SCC 140, decision of the MA (P)/PCDA (P) in denying the disability element for five years as assessed by the RSMB held on 17/8/1996 was not in consonance with the judgment of the Hon’ble Apex Court in the case of Spr Mohinder Singh Vs UOI & Ors. Therefore, the applicant is eligible for grant of disability element of disability pension @20% for five years as assessed by the duly constituted RSMB. Prayer of the applicant for grant of relief for life has no merit and is, therefore, rejected.

7. In fine, the OA is partially allowed and the Respondents are directed to grant Disability Element of Disability Pension @20% duly rounded off to 50% wef 28/10/1996 for five years to the applicant. The arrears shall be paid to the applicant within a period of four months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% pa till the actual date of its payment.

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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