Ex Nk Bhanwar Lal Balai vs UOI & Others on 26 September 2025

O R D E R

26.09.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents for grant of Invalid Pension and Gratuity as assessed by the Medical Board from the date of the invaliding out of the Applicant from Service and that the arrears be paid along with interest @ 12% per annum and the cost of litigation.

2. The brief facts of the case as enumerated by the Applicant are that the Applicant was enrolled in the Army on 28.04.1982 and after rendering more than 20 years of service, he was discharged from Service on 31.03.2003 on medical grounds under Rule 13(3) III (v) read with Rule 13(2A) of Army Rules, 1954. The Applicant was granted Casual Leave from 17.12.1993 to 31.12.1993 and while he was going to a nearby town Bhim along with his cousin on a Bullock Cart, a speedy truck hit the Bullock Cart from rear side. The Applicant was admitted in Military Hospital, Nasirabad, from where he was further transferred to Base Hospital, Delhi Cantt. The injury bone fracture on his left leg was later amputed below knee (Lt) due to which the Applicant was placed in permanent low medical category and, consequently, he was discharged from service on medical grounds. The Artificial Limb Centre, Pune considered his disability “Amputation below Knee (Lt)” @ 70% for life (non-progressive) (Annexure A/1), however, the duly constituted Release Medical Board assessed his disability @ 60% for life and opined the same as not attributable to military service. The Applicant submits that in terms of Rules 58 to 63 of Pension Regulations for the Army, 2008 (Part-1) he is entitled for grant of Invalid Pension and Gratuity and Rule 82 of the aforesaid Pension Regulations, provides for determining the pensionary benefits for death/ disability under different circumstances due to causes of attributable to or aggravated by Military Service. The Applicant also placed reliance on AFT (CB), Hyderabad Order dt 26.07.2017 in OA No 95/2016 in the case of Ex Gnr Narasaiah Kommula Vs UOI & Ors and submitted that the Applicant is eligible for grant of Invalid Pension despite of the fact that the disability was considered as not attributable to military service. In view of the aforesaid averments, the Applicant has filed present OA for grant of Invalid Pension/Gratuity.

3. The Respondents have filed a detailed reply to the Application. While not disputing the basic facts presented by the Applicant, the Respondents have submitted that the Applicant sustained injury at his hometown while going to town Bhim for his personal work which has no causal connection to military service. As per the Injury Report and the duly constituted Court of Inquiry considered, the injury was considered as “Not Attributable to Military Service”. The Applicant has been granted Service Element of Disability Pension for life wef 01.04.2003 vide PCDA (P), Allahabad PPO No 5/030981/2003 dt 10.05.2003. However, disability element of disability pension was rejected by PCDA (P) in terms of Para 173 of Pension Regulations for the Army, 1961 (Part-

1) as his disability was considered as not attributable to military service. The Applicant was communicated about rejection of Disability Pension claim vide letter dt 05.03.2004 with an advice to prefer an Appeal in case he was not satisfied with the same, however, he did not prefer any appeal. Now after a delay of more than 17 years, the Applicant has filed present OA. In view of the aforesaid averments, the Respondents have reiterated that the disability suffered by the Applicant has no causal connection to military service and, hence, is not eligible for grant of Disability Pension and, consequently, rounding off benefit of disability element of disability pension. The OA is devoid of merit and deserves to be dismissed.

4. During the course of arguments, Learned Counsel for the Applicant was informed that since the Applicant was discharged from Service after rendering more than 20 years of service and has been granted Service Pension for life, he is not eligible for grant of Invalid Pension/Gratuity. However, he reiterated that his case for grant of Invalid Pension is covered under Rules 58 to 63 and 82 of Pension Regulations for the Army, 2008 (Part-1) and submitted that the same be decided based on the aforesaid Rules and AFT (CB), Hyderabad Order dt 26.07.2017 in the case of Ex Gnr Narasaiah Kommula (Supra).

5. We have heard Learned Counsels for both the parties and perused the material placed on record.

6. Relevant extracts paragraphs 58 to 63 and 82 of Pension Regulations for the Army, 2008 (Part-1) reads as under:-

“SECTION – 1 : INVALID PENSION AND INVALID GRATUITY :

WHEN ADMISSIBLE

58. (a) An invalid pension or invalid gratuity in accordance with the Regulations in this Section may be granted to Service personnel invalided out of service on account of a disability incurred in the circumstances mentioned in Category A of Regulation 82 of these Regulations.

(b) A low medical category personnel who is retired/discharged from service for want of alternative employment compatible with his low medical category shall also be eligible for invalid pension or invalid gratuity.

(c) Personnel below officer rank who is invalided out of service in consequence of any disorder (including sanity) resulting from indulgence in drugs or drinks which was within his control will be eligible for invalid pension/gratuity. Orders of the competent authority under Regulation 8 of these Regulations shall be obtained in each case.

MINIMUM QUALIFYING SERVICE

59. The minimum period of qualifying service actually rendered and required for invalid pension is 10 years or more. For less than 10 years’ qualifying service, invalid gratuity shall be admissible.

SCALE OF INVALID PENSION AND INVALID GRATUITY

60. The scale of invalid pension and invalid gratuity payable to service personnel shall be as under:-

(a) Invalid Pension

(i) Officers xxxxxxx

(ii) Personnel below Officers Rank

Length of Service Scale of invalid pension/ invalid gratuity

15 years or more Service pension as admissible under normal rules.

10 years or more but less than 15 years Invalid pension equal to service element of disability pension as admissible under Regulation 98(a)

(ii) of these Regulations.

Note: Individual, who was remustered from a higher to a lower group on being declared surplus after rendering 15 years or more qualifying service, may be granted, if more favourable than the pension otherwise admissible, the invalid pension that would have been admissible had he been discharged on the date he was declared surplus.

(b) Invalid Gratuity : Service personnel who have rendered actual service of less than 10 years shall be paid invalid gratuity at the scale of half month’s reckonable emoluments for each completed 6 monthly period of qualifying service.

INVALID GRATUITY TO RECRUITS AND BOYS :

61. Recruits and boys will be eligible for invalid gratuity at the rates and under the conditions applicable to Sepoy of lowest group.

SECTION – 2 : ORDINARY FAMILY PENSION

LIMITATION OF APPLICATION

62. These Regulations shall not apply to the following:

(i) Members of the National Cadet Corps, Auxiliary Cadet Corps and Lok Sahayak Sena other than the service personnel serving in the instructional staff.

(ii) Members of the Territorial Army other than those who die while rendering "Embodied Service” or after retirement with pension under these Regulations.

(iii) Individual who is executed on being convicted to a death sentence awarded by competent court.

ORDINARY FAMILY PENSION WHEN ADMISSIBLE

63. Where Service personnel dies in the circumstances mentioned in the Category A of the Regulation 82 of these Regulations:

(i) Either while in service, provided he had been found fit after successful completion of the requisite training and medical examination for commission, or at the time of enrolment in the case of Personnel Below Officer Rank; or

(ii) After release/ retirement/discharge /invalidment with a pension of any kind under these Regulations, the family of the deceased shall be entitled to ordinary family pension under these Regulations CIRCUMSTANCE OF DEATH/DISABILITY ATTRIBUTABLE TO OR AGGRAVATED BY MILITARY SERVICE

82. For determining the pensionary benefits on death or disability which is attributable to or aggravated by Military service under different circumstance, the cases shall be broadly categorized as follows: - Category A

Death or disability due to natural causes neither attributable to nor aggravated by military service as determined by the competent medical authorities. Examples would be ailments of nature of constitutional diseases as assessed by medical authorities, chronic ailments like heart and renal diseases, prolonged illness, accidents while not on duty.

Explanation : The cases of death or disability due to natural causes falling under Category A entitles ordinary family pension or invalid pension or invalid gratuity as the case may be.

Category B to D. xxxxxx”

7. From perusal of the above, it is clear that Rules 58 to 63 of the aforesaid Pension Regulations pertain to grant of Invalid Pension/Invalid Gratuity and Family Pension to those personnel who were invalided out of service before completion of 15 years of pensionable service. Para 82 of above Pension Regulations pertains to determining the pensionary benefits on death or disability which is attributable to or aggravated by Military service under different circumstances. In the case of Ex Gnr Narasaiah Kommula (Supra), the petitioner was invalided out of military service on medical grounds with 100% disability (not attributable to military service) with service of about eight years

only. Therefore, he was granted Invalid Pension only as a special case and no Service Pension was granted to him in addition to Invalid Pension. Moreover, the order was in personam and not in rem as it was passed as a special case. However, in the present case, the Applicant has been discharged from Service after rendering more than 20 years of service and has been granted Service Pension for life and, hence, Rules 58 to 63 and 82 of Pension Regulations for the Army, 2008 (Part-1) are not applicable to the Applicant. Therefore, the prayer for grant of Invalid Pension is misconceived and, hence, is rejected.

8. Even if we consider the case for grant of Disability Element of Disability Pension, the Applicant is not eligible for the same as the Applicant sustained injury at hometown while on leave which has no causal connection to military service, even remotely. The Hon’ble Supreme Court in its judgment dt 20.09.2019 in Civil Appeal No 4981/2012 in the case of The Secretary, Government of India & Ors Vs Dharambir Singh settled that the mere fact of a person being on 'duty' or otherwise, at the place of posting or on leave, is not the sole criteria for deciding attributability of disability/death. There has to be a relevant and reasonable causal connection, howsoever remote, between the incident resulting in such disability/death and military service for it to be attributable. This conditionality applies even when a person is posted and present in his unit. It should similarly apply when he is on leave; notwithstanding both being considered as 'duty'.”

9. Further, the OA has been filed after a long delay of more than 17 years of discharge from Service. Therefore, this case is squarely covered by the judgment of the Hon’ble Supreme Court in the case of C. Jacob Vs. Director of Geology and Mining & Anr., (2008) 10 SCC 115, which held that a stale claim cannot be permitted to be revived. A persons who slept over his right is not entitled for any indulgence. Hon’ble Allahabad High Court, in the case of Inderpal Singh Vs UOI &Ors in Civil Writ Petition 8524/2000 decided on 04.08.2004, held that the petitioner who himself was not interested in pursuing the matter and kept silent for 11 years, hence delay cannot be condoned.

10. In-fine, we find that the OA is devoid of merit on all counts and, hence, is dismissed. Pending Miscellaneous Application(s), if any, also stand disposed off.

11. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-