Ex NK Tara Chand (Army) vs UOI & Others on 2 September 2025

1. 1. UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011

2. 2. The PCDA (P), Prayagraj, UP – 211 001

3. 3. The OIC Records, Topkhana Abhilekh Artillery Records, PIN 908 802, c/o 56 APO

**.... Respondents**


**For Applicant**

**: Mr Tansukh Rai, Advocate**

**For Respondents**

**: Mr Sandeep Garssa, Advocate**

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


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 element from the date it was discontinued by the Respondents alongwith rounding off benefits wef 01/1/1996.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 22/9/1965 and was discharged from service on 31/5/1983 being placed in medical category lower than AYE and not upto the prescribed medical standards under Rule 13 (3) Item III (v) of Army Rules 1954 due to the disability Fracture Tibia and Fibula (Rt) Lower. The disability of the applicant was considered as attributable to military service and assessed @20% for two years. He was granted disability pension for two years wef 01/6/1983 to 

10/1/1985 and based on the subsequent RSMBs the disability pension of the applicant was continued till 28/6/1995 and thereafter the disability element of disability pension was discontinued even though the RSMB held in 1985 had assessed the disability as Permanent.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 22/11/1965 and was discharged from service on 31/5/1993 being placed in low medical category lower than AYE and not upto the prescribed medical category under Rule 13 (3) Item III (v) of the Army Rules 1954. The RMB assessed the disability of the applicant, "Fracture Tibia & Fibula (Rt) Lower" @20% for two years and considered it as attributable to military service as the disability resulted from an injury sustained by the applicant while on bona fide military service in Field Area. Apart from service pension, the applicant was also granted disability element of disability pension for two years till 10/1/1995. Based on the subsequent RSMBs, the disability element of the applicant was continued till 28/6/1995, however, the same was discontinued wef 29/6/1995 based on the RSMB which assessed the disability of the applicant at less than 20% for life. Respondents further submit that in terms of Para 173 of Pension Regulations for the Army 1961, Part-I, the applicant is not entitled for grant of disability element of pension wef the date when it was assessed at less than 20%.

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

5. Perusal of record reveals that the applicant was discharged from service on 31/5/1993 in low medical category due to the disability, "Fracture Tibia & Fibula (Rt) Lower" under Rule 13 (3) Item III (v) of the Army Rules 1954. He had rendered more than 27 years of service for which he was granted service pension for the qualifying service. The RMB assessed the disability of the applicant @20%


for two years and considered it as attributable to military service as the disability resulted from an injury sustained by the applicant while on bona fide military service in Field Area. Based on the RMB and subsequent RSMBs, the applicant was granted disability element of disability pension wef the date of his discharge till 28/6/1995. Perusal of letter dated 15/1/2018 of the Artillery Records in response to the demand notice of the counsel for the applicant, states that the disability of the applicant was assessed @20% Permanent by the re-survey medical board held on 29/4/1985. However, the applicant was granted disability element of pension for a limited period of ten years from 11/1/1985 to 28/4/1995. Based on the RSMB held on 28/3/2000, the applicant was granted disability element of pension @20% wef 29/4/1995 to 28/6/1995 and thereafter it was discontinued wef 29/6/1995 being assessed at less than 20%.

6 In view of the foregoing and since the disability of the applicant was considered as attributable to military service as the injury sustained by him while on bona fide military duty in Field Area, we deem it appropriate to subject the Applicant for a fresh Re-assessment Medical Board to assess his present medical condition especially in view of the fact that in the year 1985, the RSMB had assessed his disability as Permanent but the disability element was granted for only ten years. Counsel for the applicant has raised no objection in conducting a fresh RAMB of the applicant.

7. 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 condition for the Applicant's Disability, "**Fracture Tibia & Fibula (Rt) Lower**" only, with which he was discharged from the Service in low medical category 

and assess the degree of Disability and the probable duration of the degree of disablement alongwith any other observation relevant to the case. 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 ibid-disability of the applicant is assessed at the accepted level of 20% or above, disability element of disability pension shall be granted to the applicant wef the date of holding the RAMB only alongwith rounding off benefits.


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

सत्यमेव जयते

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

(SANJIV MITTAL) MEMBER (A)

cda/-


(GOVERDHAN BARDHAR) MEMBER (J)