Ex Gdsm Gordhan Ram (Army) vs UOI & Others on 25 November 2025

O R D E R

25.11.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Original Applicant, Ex Gdsm Gordhan Ram had filed this OA praying for directing the Respondents to grant disability element of disability pension to him from the date it was discontinued by the Respondents alongwith rounding off benefits wef 06/9/2004 with all consequential benefits with interest @18% for the purpose of computing the disability element.

2. During the pendency of OA, the original applicant, Ex Gdsm Gordhan Ram, expired on 15/10/2022 and based on the LR application filed by the counsel for the applicant, Smt Keshri, the present Applicant,was substituted in place of the original applicant, vide Order dated 16/1/2024.

3. Brief facts of the case as enunciated by the applicant are that the orignal applicant was enrolled in the Army on 17/11/1960 and was discharged from service on 09/4/1968 in low medical category due to the disability, “Bronchial Asthma” The RMB assessed the disability of the original applicant @40% for two years. Based on the subsequent RSMBs, he was granted disability pension from time to time but was discontinued based on the RSMB held on 23/6/2004 wherein his disability was assessed at less than 20%. Despite numerous representations for grant of disabity pension, no action had been taken by the Respondents and, hence, this OA, praying for relief.

4. The Respondents have filed a detailed Reply Statement and submitted that Original Applicant was enrolled in the Army on 17/11/1960 and was released from service on 08/4/1968 under Rule 13 (3) Item III (v) of Army Rules 1954 being service no longer required in low medical category CEE (P) due to the disability, “Bronchial Asthma”. He had rendered 7 years and 144 days of service. The RMB assessed the disability of the applicant @30% for two years and considered it as neither attributable to nor aggravated by military service as also not connected with service. However, the PCDA (P) accepted the disability of the applicant @30% for two years and granted disability element wef 09/4/1968 to 11/1/1970. Based on the subsequent RSMBs, the applicant was granted Disability Element of Disability Pension till 05/9/2004. For continuation of the same beyond September 2004, Record Office had submitted all the documents to MH Jaipur vide their letter dated 25/11/2003 with a direction to the original applicant to report to MH for carrying out RSMB. However, he did not appear before the medical board as advised. Thus despite repeated attempts by the Record Office advising him to report to MH Jaipur for RSMB, the applicant did not report for the same and, hence, his disability element was discontinued wef 06/9/2004. Further, based on the documents submitted by the original applicant, the disability element was rounded off to 50% vide PPO dated 24/6/2020. Respondents have further submitted that the OA filed after an inordinate delay without any justifiable reason is liable to be dismissed on the ground of delay and latches. In support of their arguments, they have placed reliance on the Judgment of the Hon’ble Apex Court in the case of c Jacob Vs Director of Geololgy and Mining and Anrs, reported (2008) 10 SCC 115, holding the view that a dead or stale claim is not permitted to be revived and the person who sleeps over his right is not entitled for any indulgence.

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

6. Having heard and perused the material on record, it is evident that the original applicant was enrolled in the Army on 17/11/1960 and was released from service on 08/4/1968 under Rule 13 (3) Item III (v) of Army Rules 1954 being service no longer required in low medical category CEE (P) due to the disability, “Bronchial Asthma”. He had rendered 7 years and 144 days of service. The RMB assessed the disability of the applicant @30% for two years and considered it as neither attributable to nor aggravated by military service as also not connected with service. However, PCDA (P) accepted the disability of the applicant @30% for two years and granted disability element wef 09/4/1968 to 11/1/1970. Based on the subsequent RSMBs, the applicant was granted Disability Element of Disability Pension till 05/9/2004. Since he did not report for further RSMB as advised by the Record Office, disability element was discontinued wef 06/9/2004. However, Service element of disability pension was granted for life. He was also granted the benefit of rounding off of disabity element of disability pension. Perusal of copy of medical board procedings held on 20.1.1968 reveals that the disability of the applicant was assessed @30% Permanent, which was contradictory to the statement of the Respondents in their Reply Statement. Since the disability of the Original Applicant was assessed at 30% Permanent by the RMB as is evident from the copy of the medical board proceedings and the disability element was granted to him till 05/9/2004, we are of the view that the deceased soldier was eligible for grant of disability element of disability pension till his demise. Therefore, his LR is eligible for grant of Lifetime Arrears as admissible from the date of its discontinuation till the date of death of the deceased soldier. However, since there has been an inordinate hiatus in filing the OA, the arrears need to be restricted to three years prior to the date of filing of the OA as per extant ruling on the subject. The OA has been filed on 02/8/2022.

7. Resultantly, the OA is allowed and subject to verification, Respondents are directed to grant Life Time Arrears of Disability Element of Disability Pension of late husband of the Applicant @30% to be rounded off to 50% wef 02/8/2019 till 15/10/2022 to the applicant. 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, failing which, the applicant shall be entitled to receive interest @6% pa till the date of its actual payment.

8. The OA is disposed off accordingly. No order on costs.

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-