Ex Sub Virendra Prakash Sharma (Army) vs UOI & Others on 6 November 2025

ORDER

06.11.2025

2. Brief facts of the case as enunciated by the eapplicant are that the applicant was enrolled in the Army (Sikh Regiment) as a Clerk GD on 14/12/1984 and voluntarily retired from service on 30/11/2013 after having rendered 28 years, 11 months and 16 days of service due to aggravation of his disability beyond tolerance and his inability in performance of his duties. While in service, the applicant suffered the disability, "Lt Inguinal Hernia (Irreducible) due to stress and strain of service and while posted at DRDO, New Delhi, the disability got further aggravated, resulting in his undergoing the surgical intervention at the Base Hospital, Delhi Cantt due to which he was downgraded to low medical category wef 20/5/2013. The RMB held prior to his discharge from service, assessed the disability of the applicant @40%, considered it as aggravated by service, as intimated to the Applicant by the Medical Staff although copy of the RMB proceedings not supplied to the applicant. However, the applicant was not granted disability element of disability pension. Having been aggrieved, the applicant has filed this OA, praying for relief.

3. The Respondents have fled a detailed Reply Statement. While not disputing the basic facts, the Respondents have submitted that the applicant was promoted to the rank of Subedar Clerk on 01/10/2008 strictly on seniority cum fitness basis and was granted retention in service wef 04/12/2012 to 13/12/2014 by the Screening Board held on 18/5/2011 at the Records Office, SIKH Regiment. As such, he would have retired from service on 31/12/2014 in the rank of Sub/Cik. However, while serving with DIPR (DRDO) R & D Organisation, Ministry of Defence, Delhi, the applicant submitted an Application dated 18/10/2012 for his discharge from service wef 30/11/2013 on extreme compassionate grounds. The request of the applicant was acceded to and he was accordingiy discharged from service wef 30/11/2013 under Rule 13 (3) item I () (b) after pensionary service but before fulfilling the conditions of his service tenure of 30 years on Screening prescribed for the rank of Sub/CIk. The duly constituted RMB held on 20/5/2013 assessed the disability of the applicant, "Lt Inguinal Hernia (Irrducible) (Optd)" @10% and considerèd it as neither attributable to nor aggravated by military service, with disability qualifying for disability pension @NIL for life. He was granted service pension and all other admissible benefits. He was not granted disability element of disability peDsioD ás disability was assessed @less than 20%. Based on the Appeal submitted. ed by the applicant, disability of the applicant was considered as aggravated by military service and was assessed @10%. ORCES vide IHQ of MoD(Army) letter dated 20/7/2016, Annexure R/5. However, disability element of pension i_ not admissible to him due to th disability assessed @10% against the qualifying perceDitage of 20% for grant of di_ability element. Respondents further submit that ín terms of Para 53 (a) of Pension Regulations for the Army 2008, Part I, the applicant is not eligible for grant of disability element of disability pension.

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

5. It is evident from the foregoing that the applicant was enrolled in the Army on 14/12/1984. He was promoted to the rank of Subedar on 01/10/2008 on seniority cum fitness basis and was granted retention in service till 13/12/2014. However, the applicant sought premature discharge from service at his own request on compassionate grounds due to his unavoidable domestic compulsions and not due to medical reasons as made out by the applicant in the OA vide his Applications dated 18/10/2012 and 27/6/2013 for his. premature retirement from service wef 30/11/2013. Accordingly, the applicant was discharged from service wef 30/11/2013 under Rule 13 (3) Item I (i) (b) after pensionable service but before fulfilling the conditions of his service tenure of 30 years. He was granted service pension and all other admissible terminal benefits, Since he was in low medical category, the RMB assessed the disability of the applicant, Lt Inguinal Hernia(Irreducible) (Optd)" @10% for life, with net assessment qualifying for grant of disability pension @ NIL for life and considered it as neither attributable to nor aggravated by military service. Therefore, the applicant was not granted disability element of disability pension in terms of extant policy. However, based on the Appeal\submitted by the applicant, disability of the applicant was accepted as aggravated by military service @10% vide IHQ of MoD (Army) letter No B/38046A/337/2015/AG/PS-4 (Second Appeal) dated 20/7/2016. In vieW of this, we are of the considered view that the prayer of the applicant for grant of disability element of disability pension has no merit as the disability is only 10% which is less than the required 20% and is rejected. However, since the disability of the applicant, "Lt Inguinal Hernia (Irreducible) (Optdy', with which he retired from service was assessed @10% for life and considered it as aggravated by military seryice based on the Appeal of the Applicant, we deem it appropriate to bring the Applicant before a fresh Re-àsse[sment Medical Board (RAMB) to assess his present degree of disablement of his disability. ORCES

6. We, therefore, direct the Respondents to 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 said Disability, "Lt Inguinal Hernia (Irreducible) (Optd)", only with which he retired from service at his own request on compassionate grounds 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 will keep in mind that once the applicant was discharged from Army, there were no aggravating factors of stress and strain of Military Service. The copy of RAMB proceedings shall be placed before the Competent Authority for their consideration in accordance with extant rules and regulations. Before departing we make it clear that 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.

OA is disposed off accordingly. No order on costs. OA No 46/2022 Pending application, if ¥ny, also stands disposed off.

10. With regard to the prayer of the applicant in the OA No 46/2022 for holding a fresh RAMB for the isability, Diabetes Melitus", the case was taken up by the Record Office vide their letter dated 27/12/2021 with DG Army HQ, and vide letter dated 13/1/2022, they have clarified that RAMB 0sTequired to be conducted for those ORCES disabilities/diseases which were in existence at the time of RMB. Hence, RAMB for the disability, "Diabetes Melitus"is not feasible under Rule 86, Annexure R/10 of Pension Regulations for the Army 2008, Part I, due to his di_charge from service at his own request. The position was communicated to the applicant vide Record Office letter dated 03/3/2022. The Counsel for the Applicant prayed that this OA may be adjourned to be heard ata later date.

11. (SANJIV MITTAL) MEMBER (A) cda/

OA Nos 311/2016 & 46/2022 filed by JC-49956IH Sub (CIk) Virendra Prakash Sharma The prayer is accepted. This OA be listed after four months. (GOVERDHAN BARDHAR) FG c MEMBER (J) RIBUNAL