Ex Nk Shiva Narayan Bishnoi (Army) vs UOI & Others on 15 December 2025

O R D E R

15/12/2025

MA No 43/2022

1. The applicant has filed this MA praying for condonation of delay of more than 18 years involved in filing the OA. Taking into consideration the reasons advanced therein, the delay involved in filing the OA is condoned.

OA No 22/2022

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for grant of disability element from the date it was stopped alongwith rounding off benefits wef 01/6/2001 for life.

3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 10/9/1987 and was discharged from service on 31/5/2001 after serving for 13 years, eight months and 21 days in the rank of Naik. Upon his discharge from service, the applicant was granted disability element for two years @ 40% as assessed by the RMB, which was further extended based on the subsequent RSMBs till 2003, but was discontinued wef 2003 by the PCDA (P). The applicant had submitted a representation as well as legal notice to the Respondents for grant of disability element wef the date it was stopped for life alongwith its rounding off wef 01/6/2001, but no heed was paid to his request. In support of his arguments, the applicant has placed reliance on the letter dated 31/1/2001 issued by the Govt of India, Ministry of Defence as also the Judgment passed by the Hon’ble Apex Court in the case of KJS Buttar Vs UOI &Ors, Civil Appeal No 5591 of 2006, decided on 31/3/2011. Having been aggrieved, the applicant has filed this OA, praying for relief.

4. During the course of hearing, counsel for the applicant has placed on record a copy of the Order dated 28/10/2015 passed by this Tribunal in OA No 532/2018 in the case of Ex Hav Aebha Singh Yadav Vs UOI &Ors and submits that the case of the applicant is similar to the applicant in this OA and, hence entitled for grant of relief as prayed for in this OA.

5. The Respondents have filed a detailed Reply Statement and have submitted that the applicant was enrolled in the Army on 10/9/1987 and was promoted to the rank of Naik wef 31/1/1997. He was discharged from service on 01/6/2001 under Army Rules 13 (3) item III (v) read in conjunction with Army Rule 13 (2A) on being placed in medical category lower than ‘AYE’ for whom no alternative appointment could be found because of manpower position of the Corps exceeding the sanctioned strength, before completion of his terms of engagement.

He had rendered 13 years, 8 months and 21 days of service. The Invaliding Medical Board held on 10/4/2001 assessed the disability of the applicant @40% for two years and granted disability element of disability pension for two years, besides service pension for life. Further RSMB held on 23/8/2003 assessed the disability of the applicant @15-19% and, hence, disability element was discontinued wef 27/3/2003, which was duly communicated to the applicant vide Record Office, Intelligence Corps letter dated 06/10/2003.

6. We have heard the counsels for the parties and perused the material placed on record.

7. Perusal of record reveals that the applicant was discharged from service on 01/6/2001 under Rule 13 (3) Item III (v) read in conjunction with Army Rule 13 (2A) on being placed in low medical category and non availability of alternative appointment. He had rendered 13 years, eight months and 21 days of service. IMB assessed the disabilities of the applicant, “(i) Comminuted Fracture Shaft Femur (Lt) @20%, (ii) Comminuted Fracture Ulna (Lt) @20% & (iii) Fracture Patella” @15-19% for two years, with composite disability @40%. The IMB assessed these disabilities of the applicant as attributable to military service, as per copy of medical case sheet, the applicant had sustained these disabilities in 1993 in RTA on duty at Kuch, Bhuj, Gujarat. Based on the assessment of IMB, the applicant was granted disability element of disability pension for two years, besides service element for life. Further RSMB held on 23/8/2003, all the disabilities of the applicant @15-19% for life. However, as has been cited on Page No 4 of the RSMB proceedings reveal that the disability of the applicant has been stated as “Static”, against Para 6 (a) “has the condition of the pensionable disability(ies) since the last board improved or deteriorated? ” In view of this opinion of the medical board and taking into consideration the applicant having sustained trauma while on duty which was also considered as attributable to military service, we are of the considered opinion that the applicant is eligible for grant of disability element of disability pension from the date of its discontinuation. However, since there has been an inordinate hiatus of more than 18 years in filing the OA, the arrears need to be restricted to three years prior to the date of filing of the OA. OA has been filed on 27/1/2022.

8. In fine, the OA is allowed and the Respondents are directed to grant Disabilty Element of Disability Pension to the Applicant @40% duly rounded off to 50% wef 27/1/2019 for life. The arrears accruing thereof shall be paid to the applicant within a period of six months from the date of receipt of a copy of this Order, failing which, interest @6% shall accrue on the whole amount till the actual date of its payment.

9. OA is disposed off accordingly. No order on costs.

10. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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