Ex Hav Sukha Ram vs UOI & Others on 29 July 2026

O R D E R

29.07.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grant Disability Element of Disability Pension @ 30% for life duly Rounded off to 50% wef 01.07.2012 and that the arrears be paid along with interest @ 8% per annum.

2. In the Reply Statement, the Respondents have raised preliminary objections on the maintainability of the OA on the grounds that the Applicant has not exhausted the available remedies before filing this OA in terms of 1st and 2nd Appeals before the Competent Authority against rejection of Disability Pension and, hence, the OA is not maintainable in terms of Section 14 of the Armed Forces Tribunal Act, 2007. On knowing the objections raised by the Respondents, Learned Counsel for the Applicant sought permission to withdraw the OA with liberty to file appeal before the Competent Authority.

OA No 343/2024 Ex Hav Sukha Ram Vs UOI & Ors

3. Taking into consideration the fact that the Applicant has not exhausted the remedies available to him before filing this OA and the prayer of the Applicant to withdraw the OA with permission to file appeal before the Competent Authorities, we dispose off the OA with directions that if the Applicant files a fresh representation/appeal before the Competent Authority containing the objections raised in this OA within a period of one month from the date of receipt of a certified copy of this Order, the Respondents shall consider and decide the same within a period of six months thereafter in the light of extant rules/ regulations and policies. The outcome thereof shall be intimated to the Applicant.

4. The OA is disposed off, accordingly.

Pending Miscellaneous Application(s), if any, also stand disposed off.

5. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-