Armed Forces Tribunal
Ex Sub Shobha Ram (Army) vs UOI & Others on 30 July 2025
OA No 17/2020 Ex Sub Shobha Ram Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
19.
OA No 17/2020
JC-114177N Ex Sub Shobha Ram, S/o Sh. Gopi Singh, R/o Village-Garoli, Post-Januthar, Tehsil-Deeg, District-Bharatpur (Raj)
…. Applicant
Versus
1.
The Union of India, through the Secretary Ministry of Defence, South Block, Govt of India, New Delhi - 110011
2.
The PCDA (P), Allahabad (UP) – 211014
3.
The OIC Records, Records The Grenadiers
PIN-908776, C/o 56 APO
…. Respondents
For Applicant
: Ms Savita Singh, Advocate, Proxy for
Mr SB Singh, Advocate
For Respondents
: Mr Sudesh Chand Sharma, 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
30.07.2025
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Disability Element of Pension @ 20% wef 01.11.1989 for life along with Rounding Off Benefit wef 01.01.1996 and holding of RSMB to assess present degree of disablement.
2. After hearing Learned Counsels for both the parties and perusal of records, this Tribunal vide Order dt 19.07.2022 had directed the Respondents for grant of Disability Element of Disability Pension @ 20% for two years from 01.11.1989 to 31.10.1991. Further, keeping in view the fact that at the time of his discharge, the duly constituted Release Medical Board had assessed the disability of the Applicant “Hyper Cholesterolemia” @ 20% for two years and considered the same as Aggravated by Military Service and no RSMB was held thereafter, the Respondents were directed to constitute a onetime Re- Assessment Medical Board (RAMB) for the above disease to assess degree of disability and the probable duration of disablement. In compliance of this Tribunal Order dt 19.07.2022, the Applicant was brought before the RAMB on
OA No 17/2020 Ex Sub Shobha Ram Vs UOI & Ors 24.12.2022 which assessed his disability @ 20% for life wef 27.12.2022, including the intervening period from 01.11.1991 to 26.12.2022. Since the Applicant’s disability has been assessed @ 20% for life, including the intervening period from 01.11.1991 to 26.12.2022 and the same was considered as Aggravated by Military Service by the duly constituted Release Medical Board, the Applicant is fulfilling the twin conditions for grant of Disability Pension in terms of Rule 173 of Pension Regulations for the Army, 1961 (Part-1) and, hence, is eligible for grant of Disability Pension for life wef 01.11.1991 along with rounding off benefits of disability element of disability pension to 50% wef 01.01.1996. During the course of arguments on 19.07.2022, Learned Counsel for the Applicant submitted that keeping in view the fact that the OA has been filed after a long delay, he has no objection if the disability element of disability pension is restricted to three years prior to the date of filing the OA. Therefore, keeping in view the statement made at Bar by the Learned Counsel for the Applicant and also in the light of principles settled by Hon’ble Supreme Court in the case of Tarsem Singh, 2008 (8), SCC 648, the arrears of Disability Element of Disability Pension is restricted to three years prior to the date of filing the OA on 24.02.2020.
3. In fine, the Respondents are directed to grant Disability Element of Disability Pension to the Applicant duly Rounded Off to 50% from 24.02.2017, ie., three years prior to the date of filing the OA. The arrears of pension shall be paid within six months from the date of receipt of a certified copy this Order, failing which, the arrears shall carry interest at 6% per annum till the date of actual payment.
4. The OA is ordered accordingly. The delay in filling the OA is condoned. Miscellaneous Application(s) if any pending, also stands disposed off.
5. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-