Ex Sep Gajraj Singh (Army) vs UOI & Others on 17 December 2025

**ORDER**

**17.12.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant disability pension wef 11/11/1995 and further grant benefit of rounding off of the same wef 01/1/1996 with all consequential benefits with interest @18% for the purpose of computing disability element.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 14/9/1988 and was released from service on 09/12/1992 under Rule 13 (3) item III (v) of Army Rules 1954 in medical category 'BEE' Permanent. Since the applicant suffered from the disability, "Cardiac Arrhythmia" while in service, the IMB assessed the disability of the applicant @20% wef 10/12/1992 to 10/11/1995 and was considered it as aggravated and attributable to military service. Further RSMB assessed the disability of the applicant @ less than 20% and, hence, the disability element was discontinued. Despite best efforts, the disability element of the applicant was not restored. In support of his arguments, the applicant has placed reliance on the judgment of the Hon'ble Apex Court in the case of Sukhvinder Singh Vs UOI & Ors, Civil Appeal No 5605/2010. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. Vide Reply Statement, while not disputing the basic facts, the Respondents have submitted that the applicant was invalidated out from service on 10/12/1992 under Army Rule 13 (3) Item III (iii) before fulfilling the conditions of his enrolment in Low Medical Category, 'EEE' due to the disability, "Cardiac Arrhythmia". He had rendered four years, two months and 26 days of service. As per AFMSF – 16 of 11/11/1992, the disability of the applicant was considered as aggravated by Military Service and assessed @ less than 20%, ie, 6 to 10% for five years by the competent medical authorities. However, PCDA (P), on adjudication, the disability was re-assessed @20% and was granted service element for life and disability element wef 10/12/1992 to 10/11/1995, Annexure R1/ & 2. Further RSMB held on 30/12/1995 assessed the disability of the applicant @20% for two years wef 30/12/1995, however, PCDA (P) in their wisdom, re-assessed the disability of the applicant as that of less than 20% (1 to 5%) for five years wef 30/12/1995 to 26/12/2000 and discontinued the same wef 11/11/1995. The decision was communicated to the applicant with an advice to him to prefer an appeal within six months. Thereafter, the Record Office, vide their letter dated 12/7/2000 submitted all the requisite documents to the Military Hospital, Jaipur for conduct of RSMB with directions to the applicant to appear before them on receipt of a call letter from the MH. However, despite repeated reminders, the applicant did not appear before the medical authorities at the MH, Jaipur, to enable them to hold the fresh RSMB. Hence, the applicant was not eligible for Disability Element and the OA be dismissed especially as OA has been filed 21 years after it had been discontinued and he himself chose not to appear before RSMB.

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

5. It is evident from the material on record that the service career of the applicant was abruptly cut short due to the disability, "Cardiac Arrhythmia", due to which he was invalided out from service wef 10/12/1992 before completion of his terms of engagement for which he was enrolled in the Army. He had rendered 4 years, 2 months and 26 days of service. The IMB assessed the disability of the applicant @less than 20%, ie, 6 to 10% for five years and it was considered as not attributable to service, but aggravated by service. PCDA (P), on adjudication, re-assessed the disability of the applicant @ 20% and granted service element for life and disability element @20% wef 10/12/1992 to 10/11/1995. Next RSMB held on 30/12/1995 assessed the disability of the applicant @20% for two years wef 30/12/1995, but the MA (P)/PCDA (P), tweaked the assessment of the opinion of the duly constituted medical board to that of less than 20%, ie, 1-5% for five years wef 30/12/1995 to 26/12/2000 and discontinued the disability element, ignoring the opinion of the medical board. Consequent of the decision of the PCDA (P), efforts made by the Record Office in holding a further RSMB to assess the degree of disablement of the applicant was of no avail, as the applicant paid no heed to the advice of the Record Office to appear before the medical authorities in assessing his disability beyond December 2000.

6. In view of the foregoing, we are of the considered view that the applicant is eligible for grant of disability element of disability pension @20% for two years wef 30/12/1995 as assessed by the duly constituted RSMB, which was arbitrarily tweaked by the MA (P)/PCDA (P), which was not in consonance with the judgment of the Hon'ble Apex Court in this regard.

1. 7. In-fine, the Respondents are directed to grant disability element of disability pension to the Applicant @20% for two years wef 30/12/1995 alongwith rounding off benefits to 50% wef 01/1/1996. The arrears shall be granted to the applicant within a period of six months from the date of receipt of a copy of this Order, failing which, interest @6% shall accrue on the whole amount till the date of its actual payment.

2. 8. Further, since the disability of the applicant was considered as aggravated by military service due to stress and strain of military service and discontinuation of disability element was solely due to the fault of the applicant in not appearing before the medical authorities despite repeated advice, we deem it appropriate that in case the applicant submits a fresh Representation before the competent authority with his prayer for holding a fresh RAMB, the competent authority shall take a decision in accordance with extant rules/policy on the subject within a period of four months from the date of receipt of such a Representation from the Applicant for holding a fresh RAMB. The RAMB shall consider only the disability with which he was invalidated out and no other disease which might have affected the applicant after he was released from service.

3. 9. Before departing, we make it abundantly clear that in case the Competent Authority consider it as expedient to conduct a fresh RAMB of the applicant upon receipt of his fresh Representatin, the Respondents shall constitute a onetime Re-assessment Medical Board (RAMB) at the designated Military Hospital for the examination of the Applicant towards the aforesaid purpose within eight 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. The RAMB will give its opinion on the present medical condition of the Applicant for the Disability, "Cardiac Arrhythmia", only with which he was invalidated out from service and was considered as aggravated by military service due to stress and strain of service and assess the degree of Disability and the probable duration of the degree of disablement alongwith any other observation relevant to the case. The RAMB proceedings shall be placed before the Competent Authority for their consideration in accordance with extant rules and regulations for grant of Disability Element or otherwise. In case the Disability Element is proposed to be granted on the basis of RAMB recommendations, the disability element of disability pension shall be granted to the applicant wef the date of holding of the RAMB alongwith rounding off benefits as the applicant himself was at fault in not appearing before the Re-assessment medical board when he was advised to do so and the OA was filed after a considerable delay.

1. 10. OA is disposed off accordingly. No order on costs.

2. 11. Pending Application, if any, also stands disposed off.

**(SANJIV MITTAL)** **MEMBER (A)**

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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