Ex Rect Ram Avtar (Army) vs UOI & Others on 16 September 2025

**ORDER**

**16.09.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to produce the medical board proceedings of the applicant and after examination of the same by the Hon'ble Tribunal quash and set aside the Impugned Order at Annexure A/1 and direct the Respondents to grant disability pension to the applicant from the date of his discharge from service, i.e., wef 01/1/1997 alongwith broadbanding benefits to 50% of the disability element alongwith interest. He has also prayed that in the event of unfavourable findings of the invalid medical board, the same may be declared to be arbitrary and illegal and necessary directions may be issued to the Respondents to grant the disability pension.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 29/12/1995 in a hale and hearty condition and at that 

time he was not suffering from any disease or deformity. On 04/2/1996, when the applicant was alleged to be on outpass for two hours and was walking on the road near the Army gate he was hit from behind by a speeding police vehicle and thereby he sustained severe accidental injury and he became unconscious. He was treated at the Army Hospital and ultimately he was declared medically unfit and the competent authority took the decision of invaliding the applicant from army service wef 01/1/1997 due to the disability, "Compound Fracture Tibia and Fibula", which was assessed @20% by the invaliding medical board and considered it as attributable to military service. However, disability pension claim of the applicant was rejected by the CCDA (Pension) vide their letter dated 06/8/1999, Annexure A/3. Applicant further submits that in terms of Chapter IV of Entitlement Rules for Casualty Pensionary Awards, 1982, a person will be deemed to be on duty, inter alia, during the period of participation in recreation and other unit activities organised or permitted by service authorities and during the period of travelling in a body or single by a prescribed or organised route. Therefore, the applicant is eligible for grant of disability pension for life. Having been aggrieved, the applicant filed this OA, praying for relief.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army (Rajput Regiment) on 29/12/1995 and was invalided out from service under Army Rule 13 (3) IV before fulfilling the conditions of enrolment in medical category "EEE" due to the disability, "Compound Fracture Tibia and Fibula", wef 01/1/1997. Disability of the applicant was assessed @40% for two years and considered it as neither attributable to nor aggravated by Military Service by the Competent Medical Authorities. Therefore, the applicant is not eligible for grant of disability pension in terms of Para 173 of Pension Regulations for the Army 1961, Part I. The applicant sustained injury at the fag end of his basic military training when he was visiting a Fun Fair (Mela) on 04/2/1996 between 1400 hrs and 1700 hrs, organised at Ghatiyaghat in District Farrukhabad and while passing through the entrance of the fun fair, at about 3 PM, a Police Jeep bearing Regn No UP T6 9250 came from behind and struck the applicant and few other civilians. As a result, the applicant fell down and became unconscious. Immediately, he was evacuated to the Medical Inspection Room of the Rajput Regimental Centre and after examination by the Physician, he was referred to Military Hospital, Fatehgarh for further treatment. The applicant was on a bona fide Outpass issued by his Company Commander to visit the Mela alongwith an NCO and few of his fellow recruits. The applicant had undergone extensive treatment at Base Hospital, Lucknow by the Classified Specialist (Surgery) & Orthopaedic Surgeon and was downgraded to low medical category wef 15/5/1996. Due to his prolonged hospitalisation and sick leave, the applicant was out of the basic training for more than six months as he was unable to run, jump and squat due to the injury sustained during the accident. The Invaliding Medical Board held on 28/11/1996 placed the applicant in low medical category Permanent CEE wef 28/11/1996 and considered the disability of the Applicant as neither attributable to nor aggravated by service and assessed it @40% for two years. Disability pension claim of the applicant was rejected by the competent authority. Further, case of the applicant was also referred to Govt of India, Ministry of Defence, but the same was rejected vide their letter dated 18/6/2001, Annexure R/7, on the ground that the applicant sustained injury while he was not on military duty and, hence, not eligible for grant of disability pension.

4. During the course of final hearing held on 16 Sept 2025, counsel for the applicant submits that the applicant sustained injury while he was on a bona fide Outpass issued by his Company Commander and, hence, deemed to be on military duty at the material time and thus clearly eligible for grant of disability pension as the career of the applicant was abruptly cut-short at the prime of his youth for no fault of his. To buttress his viewpoint, the counsel for the applicant reiterated the provisions contained at Chapter IV of Entitlement Rules for Casualty Pensionary Awards, 1982, cited at Page No 7 of the OA filed by the applicant, which is reproduced below :- "Duty.

12. A person subject to the disciplinary code of the Armed Forces is on duty :-

- (a) when performing an official task or a task, failure to do which would constitute an offence triable under the disciplinary code applicable to him.

- (b) When moving from place of duty to another place of duty irrespective of the mode of movement.


(c) *During the period of participation in recreation and other unit activities organised or permitted by service authorities and during the period of travelling in a body or singly by a prescribed or organised route".*

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

6. It is a fact that the applicant was enrolled in the Rajput Regiment of the Indian Army on 29/12/1995 and was invalidated out from service on 01/1/1997. As per copy of discharge book of the applicant, annexed at Annexure 2 of the OA, date of discharge of the applicant has been shown as, "01/1/98". Disability of the applicant, "Compound Fracture Tibia and Fibula" was assessed @40% for two years and categorised as neither attributable to nor aggravated by Military Service by the competent medical authority and, therefore, the applicant was not granted disability pension. The Respondents have explicitly mentioned in their Reply Statement that the applicant was on a bona fide 'Outpass' issued by the Company Commander of the applicant at that particular time to witness a Fun Mela on 04/2/1996, organised by the civil administration at Ghatiyaghat, District Farrukhabad, where the applicant was hit by a rashly driven Police Jeep, resulting in a severe injury to the applicant, which ultimately resulted in his invalidment from service on medical grounds, thereby cutting short his career in the Army at the prime of his youth. During the course of final hearing, counsel for the applicant reiterated that the applicant was on a valid Outpass issued by the Company Commander of the Applicant at that particular time and, hence, deemed to be on duty, by relying upon the provisions contained in Chapter IV of Entitlement Rules for Casualty Pensionary Awards, 1982, which he quoted at Page No 7 of the OA, which entitles the applicant for grant of disability pension. To a specific query raised by this Tribunal vide Order dated 08/4/2023 with regard to compensation, if any, received by the applicant from the Competent Court/MACT for the injury sustained by the applicant in civil area, counsel for the applicant denied having filed any such claim before any of the MACTs nor receiving any financial assistance from any other quarter.


7. In view of the foregoing and taking into consideration the entire gamut of the issue of the applicant as also for the fact that career of the applicant in the Army had abruptly been cut short due to the unfortunate accident, we deem it appropriate to remit the case back to the Respondents for re-consideration of the prayer of the applicant for grant of disability pension. We expect the Respondents to take a decision on this issue within a period of six months from the date of receipt of a copy of this Order in terms of extant rules/regulations and the outcome thereof may be intimated to the applicant. On reconsideration, if it is decided to grant disability pension to the applicant, the same would be granted wef 08/2/2009, ie, three years prior to the date of filing of the OA in AFT since the OA has been filed after an inordinate delay of 15 years from the date of his discharge. OA has been filed on 08/12/2012.

सत्यमेव जयते

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

- 9. Pending application, if any, also stands disposed off.

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-

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