UOI & Others vs UOI & Others on 21 April 2026

1. 1. UOI, through the Secretary, Ministry of Defence, Room No 101A, South Block, New Delhi – 110 011

2. 2. Air Commodore (AV) through the Dte of Air Veterans, Air HQ, Subroto Park, New Delhi – 110 010

3. 3. PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014

4. 4. The Joint CDA (Air Force), Subroto Park, Delhi Cantt, New Delhi – 110 010

.... Applicants

Versus

Service No 708128K Ex Sgt Munna Lal Sain, Resident of Village and Post Radawas, Via Amarsar, Tehsil Shahpura, District Jaipur, Rajasthan – 303 601

.... Respondent

For Applicants : Mr. Abhishek Singh, Advocate Gp Capt Bhavana Mehra, OIC legal Cell, Air Force For Respondent : Mr. Shyam Sunder Sharma, Advocate

**CORAM:**

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)


1. 1. The UOI has filed this RA praying for modification of Order dated 29/7/2025 passed by this Tribunal in OA No 536/2023 by substituting the words, "One time Re-assessment Medical Board (RAMB) at the designated Hospital" in first and second line of Para 5 of the Judgment under review with words, "Post Discharge Claim (PDC) Medical Board at Base Hospital Delhi Cantt, under Para 9 (a) of ER & GMO 2023. They have further prayed that the words, "RAMB" appearing in fifth, tenth, thirteenth and last line at Para 5 of the judgment under review may please be substituted with, "PDC Medical Board" in the interest of justice.


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

3. It is seen that vide Order dated 29/7/2025 in OA No 536/2023 filed by the Respondent – Applicant in the OA - this Tribunal had directed the Respondents to constitute a one time Re-assessment Medical Board (RAMB) at the designated Military Hospital for examination of the applicant to assess his disability, "Ankylosing Spondylitis" purported to have been suffered by the applicant post his discharge from Air Force service and assess the degree of the said disease and the probable duration of the degree of disablement alongwith any other observations relevant to this particular disease. The documents further reveal that the applicant was discharged from Air Force service on 22/2/2011 having been found medically unfit for further service. The IMB assessed the disabilities of the applicant, 'Bipolar Affective Disorder' @40%, (ii) 'PIVD (Old)' @20% and (iii) 'Chronic Otitis Media B/L (Lt) Ear (Optd)' @20% with net assessment qualifying for grant of disability pension @40% for life for disabilities at (ii) and (iii) and NIL for disability at (i) as it was considered as neither attributable to nor aggravated by Air Force Service; while the second and third disabilities were considered as aggravated by and attributable to Air Force service respectively. All these disabilities have been assessed @ composite 70% for life. The applicant was granted disability element of disability pension @40% for life. His OA No 109/2015 for grant of disability element of disability pension @80% alongwith the rounding off benefits was rejected by this Tribunal vide Order dated 17/8/2022, which was further reinforced by the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur vide its Order dated 31/1/2024 in the Writ Petition No 11854/2023 filed by the Respondent in the RA herein.

4. During the course of hearing, OIC Legal Cell, Air Force has also submitted that the case of the applicant per se is not a "Re-assessment Medical Board", but for a Post Discharge Claim (PDC) Medical Board to be conducted at the Base Hospital, Delhi Cantt.


5. In view of the foregoing, the RA filed by the UOI is allowed and Order dated 29/7/2025 is modified to the extent that the Respondents shall constitute a 'Post Discharge Claim Medical Board' at Base Hospital, Delhi Cantt under Para 9 (a) and GMO 2023 to assess the present degree of disability of the applicant, "**Ankylosing Spondylitis**" only which was purported to have been suffered by the applicant post his discharge from Air Force service. All other conditions stipulated in the ibid Order shall remain unchanged. The Respondents shall undertake the exercise in conducting the PDC Medical Board of the applicant within a period of six months from the date of receipt of a copy of this Order.


6. The RA is disposed off accordingly.

मन्त्रमव जयेन

7. Pending applications, if any, also stand disposed off.

Sd/-xxx

(SANJIV MITTAL) MEMBER (A)

Sd/-xxx

(GOVERDHAN BARDHAR) MEMBER (J)


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