Armed Forces Tribunal
Ex Sgt Govind Ram vs UOI & Others on 21 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
CIRCUIT BENCH, JODHPUR
8.
OA 336/2024
Service No 772456S Ex Sgt Govind Ram, S/o shri Ramji Ram, Resident of Village Nadsar, Tehsil Bhopalgarh, District Jodhpur, Rajasthan
…. Applicant
Versus
1.
UOI, through the Chief of the Air Staff, Vayu Bhawan, New delhi – 110 010
2.
The Director of Air Veterans, Air HQ, Dte of Air Veterans, Subroto Park, New Delhi – 110 010
3.
The Director III (Appeals), Dte of Air Veterans, Subroto Park, New Delhi – 110 010
4.
The AOC-in-C, Air Force Record Office, Palam, New Delhi – 110
…. Respondents
For Applicant
: Mr. Jog Singh Bhati, Advocate
For Respondents
: Mr. Tribhuwan Singh, Senior Panel Counsel
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
21.05.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for grant of Disability Pension on the ground of Type II Diabetes Mellitus (old), Primary Hypertension (old) and Chronic Kidney Disease with composite disability @70% for life. He has prayed for directing the Respondents to grant disability pension and pensionary benefits with arrears and interest6 @18% per annum on arrears with broadbanding of percentage of disability for the purpose of payment of the disability pension.
2. Vide reply statement, the Respondents have submitted that the applicant was enrolled in the Air Force on 09/5/1996 and was discharged from service on
31/5/2022 under the Clause, “ On fulfilling the conditions of his enrolment” after rendering a total service of 26 years and 21 days of service. The duly constituted RMB assessed the disabilities of the applicant, “Type II Diabetes Mellitus (Old) @30%, (ii) Primary Hypertension (Old), @30% and (iii) Chronic Kidney Disease” @40%, with composite assessment @70% for life, with net assessment qualifying for grant of disability pension at NIL for life. All these disabilities are considered as neither attributable to nor aggravated by Air Force Service. Based on the adjudication by the AOC AFRO, rejection of disability pension claim of the applicant was communicated to the applicant vide letter dated 10/5/2022 with an advice that he may prefer an Appeal to the Appellate Committee within six months from the date of receipt of the order. They have further submitted that since all the disabilities of the applicant are considered as neither attributable to nor aggravated by Air Force service, the applicant is not eligible for grant of disability element of disability pension in terms of Para 153 of Pension Regulations for the Air Force, 1961, Part I.
3. During the course of hearing, counsel for the applicant submits that the First Appeal filed by the applicant against rejection of his prayer for grant of disability element of disability pension, the competent authority has not considered the issue in its entirety and was dismissed the same mechanically. Further, the outcome of second appeal filed by the applicant against rejection of his first appeal is still awaited from the Respondents. Contra, Senior Panel Counsel for the Respondents denied having received a copy of the Second Appeal purported to have been submitted by the applicant, so far.
4. Taking note of overall facts and circumstances of the case, we deem it appropriate that in case the applicant submits a fresh Second Appeal before the Competent Authority within a period of one month from the date of receipt of receipt of a copy of this Order, the Competent Authority shall decide the case on merits as well as after considering all the objections raised by the applicant against rejection of his claim in accordance with extant rules/policy on the subject within a period of four months from the date of receipt of such an Appeal from the applicant. The outcome thereof shall be intimated to the applicant.
5. The OA is disposed off accordingly. No order on costs.
6. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
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