Ex Sub Vikram Singh vs UOI & Others on 12 March 2026

O R D E R

12.03.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to conduct post discharge Release Medical Board of the Applicant to assess present medical condition of the Applicant and, accordingly, grant him disability pension and that the arrears be paid along with interest @ 12% per annum from the date of his discharge from service on 01.04.2024.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 06.10.2001 and after rendering 22 years, 5 months and 20 days of service, he was discharged from Service on 31.03.2024 in low medical category due to the disabilities he suffered while in service due to service factors. The Applicant submits that as per Rule 64 of Pension Regulations for the Army, 2008 (Part-II), all ranks are required to be medically examined by a medical officer prior to release/retirement/discharge. However, despite repeated requests by the Applicant, the Applicant was not brought before the Release Medical Board to assess his present medical condition for the diseases, viz., (i) Primary Hypertension, (ii) Impaired Glucose Tolerance and (iii) Dyslipidemia (E-78) and was discharged from Service. The Applicant has been granted Service Pension for life from the date of his discharge, however, Disability Element of Disability Pension for the disabilities which he suffered due to service factors has not been granted to him. The Applicant has placed reliance on Hon’ble Supreme Court judgments in the case of Sukhvinder Singh Vs UOI & Ors (2014) STPL 468 SC, Dharamvir Singh Vs UOI & Ors (2013) 7 SCC 316 and UOI & Anr Vs Rajbir Singh, JT 2015(2) SC 392 and contended that he suffered from the disabilities while in service and, therefore, they ought to have been considered as Attributable to Military Service. In view of the aforesaid averments, the Applicant has prayed for directing the Respondents to brought the Applicant before post discharge Release Medical Board and grant him disability pension as per the findings of the Release Medical Board.

3. The Respondents have filed a detailed Reply Statement andhave submitted that on being in permanent low medical category, the Applicant rendered his unwillingness to serve in low medical category. Therefore, the Applicant was discharged from Service before fulfilling terms of engagement. The Applicant was directed to appear before the Release Medical Board (RMB), however, he did not appear before the RMB and was discharged from Service. Despite repeated correspondence with the last unit of the Applicant, ie., 15 Infantry Division Signal Regiment, the copies of the RMB were not provided to the Records Signals. Therefore, in the absence of Release Medical Board proceedings, the case of the Applicant could not be processed for grant of Disability Pension to the Applicant. In view of the aforesaid averments, the

Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

4. We have heard Learned Counsels for both the parties and perused the material placed before us.

5. It is not in dispute that at the time of discharge of the Applicant from Service, his Release Medical Board was not carried out as per existing policies. Perusal of AFMSF-15 dt 26.09.2022 placed on record by the Respondents reveals that the Applicant was in permanent low medical category [P2(P)] for disability “Primary Hypertension” wef 18.12.2018 and temporary low medical category [P3(T-24)] for disability “Dyslipidaemia” (Annexure R/2). Further, perusal of 415 Field Hospital, Medical Case Sheet dt 04.12.2023 placed on record by the Applicant wherein he had reported for RMB reveals that he was diagnosed for (i) Primary Hypertension, (ii) Dyslipidaemia and (iii) Impaired Fasting Glucose (Annexure A/5). From the above, it is evident that at the time of discharge, the Applicant was suffering from disabilities, viz., (i) Primary Hypertension, (ii) Dyslipidaemia and (iii) Impaired Fasting Glucose and he should have been examined by a duly constituted Release Medical Board before being discharged from Service, which the Respondents failed to do so whatsoever reason may be.

6. In view of the above, we direct the Respondents to constitute post discharge Release Medical Boardfor the said disabilities, viz., (i) Primary Hypertension, (ii) Dyslipidaemia and (iii) Impaired Fasting Glucose at the designated Military Hospital for the examination of the Applicant and assess degree of disability, probable duration and its attributability/aggravation factors within a period of six months from the date of receipt of a certified copy of this Order and to inform the Applicant the date and venue for his presence.After assessment of the Applicant for the aforesaid diseases, the Respondents shall consider the case of the Applicant for grant of Disability Element of Disability Pension for these Disabilities or otherwise as per the extant rules/regulations/policies in this regard. The outcome thereof shall be intimated to the Applicant.

7. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

8. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-