Lt Col (Retd) Bhagirath Singh Sigar (Army) vs UOI & Others on 30 October 2025

O R D E R

30.10.2025

MA No 477/2017

1. The Applicant has filed this MA praying for condonation of delay involved in filing the OA. Taking into consideration the reasons advanced therein, the prayer of the Applicant for condonation of delay is allowed and MA is disposed off accordingly.

OA No 305/2017

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant benefit of broadbanding of disability pension from 30% to 50% wef 01/1/1996 in terms of

Govt of India, Ministry of Defence letter dated 31/1/2001 read with Hon’ble Apex Court Judgment dated 10/12/2014 passed in the case of Ramavtar and arrears be paid to him with 12% interest.

3. Vide Reply Statement, the Respondents have submitted that the applicant was commissioned in the Army on 15/6/1969 and retired from service on 31/7/1995 on attaining the age of superannuation. He had also rendered service in the Ranks from 06/7/1962 to 14/6/1969. Since he was in low medical category at the time of his superannuation, the RMB held on 02/3/1995, assessed the disability of the applicant, “Ischaemic Heart Disease” @30% for two years and considered it as not attributable to, but aggravated by military service. While the initial claim of the applicant was conceded as neither attributable to nor aggravated by military service, vide Govt of India, Ministry of Defence letter dated 10/6/1996, the First Appeal against rejection of his claim were also rejected vide letter dated 09/9/1998 and based on his Second Appeal dated 05/10/2004, he was brought before an Appeal Medical Board on 10/10/2005, but the second appeal was also later rejected vide letter dated 11/5/2007. The applicant filed a SB Writ Petiton No 4155/2008before the Hon’ble High Court of Judicature for Rajasthan Bench at Jaipur, which was transferred to this Tribunal and numbered as TA No 324/2009. The applicant was once again brought before a Review Medical Board at Base Hospital, Delhi Cantt on 30/10/2013 vide which the disability of the applicant was assessed @30% for two years and considered it as aggravated by service. Hence, conditional Govt sanction has been accorded in this regard by acceding to the degree of disablement of the applicant @30% for life wef 24/4/2005 vide AG’s Branch, Army HQ letter dated 16/10/2015. With regard to the prayer of the applicant for grant of broadbanding benefits of his disability element of disability pension, the Respondents submit that in terms of Govt of India, Ministry of Defence Policy letter No 17(01)/2017(02)/D (Pension/Policy) dated 05/9/2017, the applicant is entitled for rounding off benefits wef 01/1/2016.

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

5. In view of the foregoing, we direct the Respondents to grant benefit of rounding off of disability element of disability pension to the applicant from the existing 30% to 50% wef 01/1/2016 for life, if not already granted. The arrears shall be paid to the applicant within a period of six months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% till the date of its actual payment.

6. The OA is disposed off accordingly. No order on costs

7. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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