Armed Forces Tribunal
Ex Nk Ashok Kumar (Army) vs UOI & Others on 11 August 2025
OA No 15/2020 Ex Nk Ashok Kumar Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
20.
OA No 15/2020
No-2699575Y Ex Nk Ashok Kumar S/o Shri Hanuman Dan, R/o Vill-Dulchas, Post-Bissau, Tehsil & District- Jhunjhunu (Rajasthan)
…. Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi – 110011
2.
The PCDA (P), Draupadi Ghat, Allahabad (UP) - 211014
3.
The OIC (Records), The Grenadiers Records PIN-908776, C/o 56 APO
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate
For Respondents
: Mr. Sandeep Garssa, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
11.08.2025
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Ex-Gratia along with interest on arrears @ 12% per annum wef 01.02.2020.
2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 25.03.2002 and after serving for more than 17 years of service, he was discharged from Service on 31.01.2020 on medical grounds due to disability “ACL+Lateral Meniscus Tear (Rt) Knee (Optd)”. The Applicant submits that he suffered from the disability due to Service factors, therefore, the disability was considered as Attributable to Military Service and, accordingly, he has been granted Disability Pension for life. The Applicant further submits that he is eligible for grant of Ex Gratia in terms of Govt of India, Ministry of Defence letter No 2(2)/2011/D (Pen/Pol) dt 26.12.2011 and PCDA (P) Circular No 477 dt 07.02.2012, however, the Respondents have denied the same. The Applicant issued Legal Notice for grant of Ex-Gratia Award but the Respondents paid no heed. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents filed a detailed reply to the Application. While not disputing the basic facts represented by the Applicant, the Respondents have
OA No 15/2020 Ex Nk Ashok Kumar Vs UOI & Ors submitted that the Applicant suffered the injury on 18.02.2016 during Physical Training. Initially he was placed in temporary low medical and, consequently, he was placed in permanent low medical A2 (P) wef 03.12.2016 and retained in service. Thereafter, after rendering 17 years, 10 months and 7 days of service, he was discharged from Service on medical grounds on 31.01.2020 under Rule 13(3) III (a) (i) read in conjunction with Rule 13 (2A) of Army Rules, 1954, there being no suitable alternative appointment available in the unit. The duly constituted Release Medical Board assessed his disability @ 20% for life and considered the same as Attributable to Military Service. As per Govt of India, Ministry of Defence letter dt 26.12.2011, payment of Ex Gratia Award is authorised to those defence service personnel who are disabled, incapacitated in the performance of their bonafide duties under various circumstances on account of disability/ war injury attributable to or aggravated by military service. In the present case, the Applicant was discharged from Service through Release Medical Board and not boarded out from service by Invaliding Medical Board. Therefore, the provisions of Govt of India letter dt 26.12.2011 are not applicable to him and, hence, he is not entitled for grant of Ex Gratia Award.
4. During the course of arguments, Learned Counsel for the Applicant prayed that the Respondents may be directed to decide the matter in the light of PCDA (P) Circular No 477 dt 07.02.2012 and Govt of India letter dt 26.12.2011, to which Learned Counsel for the Respondents raised no objection.
5. In view of the above facts, we direct the Respondents to re-consider the prayer of the Applicant in the light of provisions of GoI, MoD letter dt 26.12.2011 and PCDA (P) Circular No 477 dt 07.02.2012 within a period of six months from the date of receipt of a certified copy of this Order. The outcome of the decision be intimated to the Applicant.
6. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
7. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-