Armed Forces Tribunal

Ex Nk (TS) Sumer Singh vs UOI & Others on 19 November 2025

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6.

OA 48/2021 with MA 532020

Army No 2869358X Ex Nk (TS) Sumer Singh, S/o Shri Nag Singh Bhati, Resident of Village Rewat Singh Nagar, Post Bher, Tehsil Osian, District Jodhpur, Rajasthan ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

(CIRCUIT BENCH, JODHPUR)

2.

3.

1.

UOI, through the Secretary to the Govt of India, MËnistry of Defence, New Delhi - 110 011

For Applicant

Versus

The PCDA (P), Draupadi Ghat, Prayagraj, UP - 211 014

Records The Rajputana Rifles, PIN 900 106, c/o 56 APO

For Respondents

CORAM:

... Appliçant

: Mr. DS Rathore, Advocate

: Mr. Tribhuwan Singh, Advocate

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ORDER

19.11.2025 Respondents 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 of disatbility pension @20% to be rounded off to 50% wef 01/1/1996 to the applicant as per provisions of the rules and also as per Orders and Circulars issued by the Govt of India from time to time.

We have heard the parties and perused the material placed on record. The applicant was not granted the disability element since the disability which he suffered was classified as NANA' by the RMB.

3. Perusal of record reveals that the matter was deliberated upon by this Tribunal and vide Order dated 07/8/2024, this Tribunal dËrected the Respondents t0 Conduct a fresh RAMB of the applicant to ascertain the present medical Condition of the applicant for the Disability, " Haemangioma (Lt) Thigh (opta) r WIth which he was discharged from service alongwith their oplnion attributability/aggravation of the disability by Military Service. order has not been complied with so far as no RAMB was held.

4.

5. During the course of hearing, Counsel for the applicant submits that the applicant has expired on 02/10/2025. In support of his contention he has placed on record a copy of the Death Certificate issued on 12/10/2025 by the Govt of Rajasthan, Directorate of Economics and Statistics, Registrar - Hanuman Nagar, Aousiyan, Jodhpur, which is taken on record.

6. In view of the foregoing, with regard to relief, as prayed for by the deceased soldier, this OA is not maintainable. However, in case the LR/NoK of the deceased Nk (TS) Sumer Singh make a fresh Representation withËn a period of one month from the date of receipt of a copy of this Order for grant of Disability Element for the intervening period to the Competent Authority, the prevailing Competent Authority shall take a decision in accordance with rules/regulations within a further period of six months from the date of receipt of Such a Representation from the LR/NoK of the deceased Nk Sumer Singh.

7. The OA is disposed off being abated. No order on costs. Pending Application, if any, also stands disposed off. (SANJIV MITTAL) MEMBER (A) on However, the (GOVERDHAN BARDHAR) MEMBER (J)

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