Ex Hav Aebha Singh Yadav (Army) vs UOI & Others on 28 October 2025

O R D E R

28.10.2025

MA No 578/2018

1. The Applicant has filed this MA, praying for condonation of delay involved in filing the OA. Taking into consideration the reasons advanced in the Application to be genuine, delay is condoned and the MA is allowed.

OA No 532/2018

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant disability element@50% to the Applicantwef 01/12/2000 as per Para 7.2 read with Para 10.2 of the Govt of India,

Ministry of Defence letter dated 31/1/2001 within a period of three months with interest @ 18% pa.

3. Brief facts of the case as enunciated by the Applicant are that the applicant was enrolled in the Army on 06/11/1974 and was discharged from service on 11/12/1990 under Rule 13 (3) Item III (iii) of Army Rules 1954 due to the disability, “Dislocation Shoulder (Rt) in medical category EEE, which implies that the applicant was invalided out from service. The RMB assessed the disability of the applicant @20% for two years and considered it as attributable to military service and the applicant was granted disability element of disability pension @20% wef 12/12/1990 to 23/9/1995 vide PPO dated 11/8/1992. The RSMB held on 08/8/1995 wherein his disablement was re-assessed at less than 20%, ie, 15-19% for five years. The applicant was again brought before RSMB on 27/3/2000 and the disability was assessed at less than 20% for five years. Later, the disability was finally assessed at less than 20% for life by the RSMB held on 01/8/2006. Thus, the disability element granted to the applicant was discontinued wef 24/9/1995. The applicant further submits that in terms of Govt of India, Ministry of Defence letter dated 31/1/2001, the applicant is eligible for grant of disability element of disability pension for life. Having been aggrieved by the non action of the Respondents despite representations and Legal Notice for continuation of disability element of pension discontinued, the Applicant has filed this OA praying for relief.

4. During the course of hearing, Counsel for the Applicant submits that the RSMB of the applicant held on 01/8/2006 assessed the disability of the applicant ‘Static’ and, therefore, in terms of the Judgment of the Hon’ble High Court of Punjab and Haryana in CWP No 12518 of 2011 in the case of Ram Singh Vs UOI &Ors, the applicant is eligible for continued grant of disability element of pension. A copy of the ibid Order has also been placed on record by the counsel for the applicant.

5. The Respondents have filed a Reply Statement and have submitted that the Applicant was enrolled in the Army on 06/11/1974 and was medically invalided out from service on 11/12/1990 under Rule 13 (3) item III (iii) of Army Rules 1954 in low medical category EEE (Permanent) due to the disability, “Dislocation Shoulder (Rt)”. The RMB assessed the disability of the applicant @20% for two years and considered it as attributable to military service as the injury occurred during military service. While the applicant was granted Service Pension for the qualifying service, disability element of disability pension @20% was granted wef12/12/1990 to 23/9/1995 vide PPO dated 11/8/1992. Subsequent RSMB held on 08/8/1995 assessed the disability of the applicant @20% for five years, but the PCDA (P) re-assessed it at less than 20%, ie, 15-19% for the period 24/9/1995 to 07/8/2000 and rejected the claim of the applicant. While further RSMB held on 27/3/2000 assessed the disability of the applicant at 15- 19% for two years, MA (P)/PCDA (P) considered it for five years and the final RSMB held on 01/8/2006 @15-19% for life and, hence, the disability pension of the applicant has discontinued wef 24/9/1995. The decision was communicated to the applicant with an advice to him to prefer an Appeal if so desired, but he preferred not to do so. After a gap of 22 years from the date of discontinuation of his disability pension claim, the applicant had approached the Record Office through a Legal Notice dated 20/4/2017 for grant of disability element of disability pension, which was examined by the competent authority and replied to accordingly. Respondents further submit that in terms of Para 173 of Pension Regulations for the Army 1961, Part I, the applicant is not eligible for grant of disability pension as the disability of the applicant was re- assessed at less than 20% by the Re-survey Medical Board. Based on these narrations, the Respondents have prayed for dismissing the OA with costs.

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

7. From the material placed on record, it is evident that the applicant had rendered 15 years and 351 days of service before being Invalided out from service in Low Medical Category due to the disability, “Dislocation Shoulder (Rt)”, and was granted Service Pension for the qualifying service. As per copy Discharge Book of the applicant annexed at Annexure A/2 of the OA, “the applicant sustained injury of grievous nature while on duty on 08/8/88 in Fd Area and the same was considered as attributable to military service”. The duly constituted RMB held on 24/9/1990 at the Military Hospital, Roorkee, assessed the disability of the applicant @20% for two years and considered it as attributable to military service as the injury occurred during active military service. The applicant was granted disability element of disability pension @20% for five years wef 12.12.1990 to 23.9.1995 vide PPO No DE/007134/92 dated 11/8/1992. While the RSMB held on 08/8/1995 assessed the disability of the applicant @20% for five years, but the same was rejected by the PCDA (P) re-assessing the degree of disablement to less than 20% for five and years and subsequent RSMBs held on 27/3/2000 and 01/8/2006 assessed the disability of the applicant for two years and for life respectively. Perusal of copy of RSMB proceedings dated 01/8/2006 reveals that the disability of the applicant has been stated as, “Static” against Para 6 (a) “as the condition of the pensionable disability since the last board improved or deteriorated?” In view of this statement by the medical board and taking into consideration the applicant having sustained grievous injury while deployed at Field Area which was considered as attributable to military service, we are of the considered opinion that the applicant is eligible for grant of disability element of disability pension from the date of its discontinuation. However, since there has been an inordinate delay of more than two decades in approaching the Record Office from the date of discontinuation and filing the OA on 16/8/2018, the arrears need to be restricted to three years prior to the date of filing of the OA.

8. In fine, the OA is allowed and the Respondents are directed to grant disability Element of Disability Pension @20% duly rounded off to 50% wef 16/8/2015 for life to the applicant. The arrears shall be paid to the applicant within a period 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 actual date of its payment.

OA 532/2018 with MA 578/2018 Army No 14321685M Ex Hav Aebha Singh Yadav

9. OA is disposed off accordingly. No order on costs.

10. Pending Application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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