Ex Gnr Dhana Ram vs UOI & Others on 23 July 2025

**ORDER**

**23.07.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to consider the ID of the applicant as attributable to and aggravated by service and that he be granted disability element of disability pension @20% alongwith its rounding off benefits wef 01/11/2019 in terms of existing orders and circulars issued by the Govt of India, Ministry of Defence and such similar cases decided by the Hon'ble Apex Court from time to time.

2. Brief facts of the case as enunciated by the Applicant are that the applicant was enrolled in the Army on 06/3/1964 and was invalided out from service on 18/3/1969 under item 13 (3) III (iii) of the Table annexed to Army Rules, 1954. He was invalided out from service due to the disability, "Contracture Ring Little Finger (Right)" which was assessed @20% for life and considered it as attributable to military service, as admitted by the Respondents at Para 3 of the Reply furnished by the Respondents, (Artillery Records), Annexure A/1. However, he was not granted disability pension as admissible to him. In support of his arguments, counsel for the applicant has placed reliance on the Judgments passed by the Hon'ble Apex Court in the cases of Rajbir Singh, Sukhvinder Singh, Dharamvir Singh, Ex Rect Bhim Singh, amongst others. Having been aggrieved, the applicant has filed this OA praying for relief.

3. The Respondents have filed a Reply Statement. While not disputing the basic facts, the Respondents have stated that the applicant was invalided out from service on 18/3/1969 due to the disability, "Contracture Ring Little Finger (Rt)". The RMB considered disability of the applicant as attributable to military service and assessed it @20% Permanent. However, disability pension claim of the applicant was rejected by the MA (P) / PCDA (P), vide their letter dated 22/5/1969, considering the disability of the applicant as neither attributable to nor aggravated by military service. Therefore, no disability element of disability pension was granted to the applicant in terms of Para 173 of Pension Regulations for the Army, 1961, Part I. He was, in fact, granted Invaliding Gratuity. Respondents have also submitted that the OA filed after an inordinate delay of more than 52 years without any justifiable reasons for the delay is barred by limitation and, hence, liable to be dismissed.

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 enrolled in the Army on 06/3/1964 and was invalided out from service on 18/3/1969 after rendering five years and 12 days of service. Vide Reply Statement, the Respondents have in no uncertain terms have stated that the disability of the applicant, "Contracture Ring Little Finger (Rt)" was assessed 20% Permanent and considered it as attributable to military service. During the course of hearing, OIC Legal Cell, HQ 12 Corps, has placed on record a truncated copy of the RMB proceedings of the applicant held in Dec 1968, which also shows that the disability of the applicant was considered as attributable to military service and also connected with service. In view of the disability of the applicant having been considered as attributable to military service and assessed @20% Permanent, the denial of disability pension to the applicant by the MA(P)/PCDA (P) was against the spirit of the judgment passed by the Hon'ble Apex Court and the extant regulations in vogue. Career of the applicant was abruptly cut short due to this disability which was considered as attributable to service. No pension has been granted to the applicant and, hence, we are of the considered opinion that the applicant is eligible for grant of Disability Pension from the date of his invalidment. However, since there has been an inordinate and inexplicable delay of more than five decades in filing the OA, the arrears needs to be restricted from the date of filing of the OA. OA has been filed on 23/3/2021.

6. In fine, the OA is allowed and the Respondents are directed to grant Disability Pension @20% alongwith rounding off benefits of Disability Element of Disability Pension to 50% wef 23/3/2021 to the applicant for life. The arrears shall be paid to the applicant within a period of six months from the date of receipt of a copy of this Order. The payment made on account of Invalid Gratuity, etc to the applicant may be adjusted in the arrears payment to be made to the applicant. In default thereof, the applicant shall be entitled to get interest @6% pa till the actual date of payment.

OA 143/2021 with MA 147/2021 filed by No 1229991 Ex Gnr (DMT) Dhana Ram

- 7. The OA is disposed off accordingly. No order on costs.

- 8. Pending application, if any, also stands disposed off.

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सत्यमेव जयते

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-

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