Ex PO (ART IV) Heera Ram vs UOI & Others on 23 July 2025

O R D E R

23.07.2025

1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant Disability Element of Disability Pension @ 20% along with rounding off benefits to 50% along with consequential benefits from the date of his discharge.

2. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Navy on 03.02.2005 and after completion of terms of engagement he was discharged from Service on 29.02.2020 for which he has been granted Service Pension for life. While in Service, due to stress and strains of Naval Service, the Applicant suffered from disability “Sudden Sensorineural Hearing Loss of Left Ear ICD H 90.3” and was placed in permanent low medical category. At the time of discharge, the duly constituted Release Medical Board assessed his Disability @ 15% for life and opined it as Aggravated by Naval Service. The Disability Pension claim of the Applicant was rejected on the grounds that his disability was assessed below 20% for life, hence, he was not eligible for grant of Disability Element of Disability Pension in terms of Rule 100 of Navy (Pension) Regulations, 1964. 1st and 2nd Appeals preferred by the Applicant against rejection of Disability Pension claim have been rejected by the Competent Authorities. The Applicant has placed reliance on Hon’ble Supreme Court judgments in the case of Dharamvir Singh Vs UOI & Ors, (2013) 7 SCC 316 and Sukhvinder Singh Vs UOI &Ors,(2014) STPL 468 SC and submitted that he is eligible for grant of Disability Element of Disability Pension duly rounded off to 50% from the date of his discharge from Service. The Applicant issued Legal Notice dt 19.05.2022 to the Respondents for grant of Disability Pension along with Rounding Off benefits but to no avail. Therefore, the aggrieved Applicant has filed the present OA.

3. The Respondents have filed a detailed Reply Statement and while not disputing the basic facts presented by the Applicant, they have submitted that the disability of the Applicant was assessed @15% for life and opined as Attributable to Naval Service, therefore, he is not eligible for grant of Disability Pension in terms of Rules 101 and 105-B of Navy Pension Regulations, 1964. Further, 1st and 2nd Appeals preferred by the Applicant have also been rejected by the Competent Authorities.

4. During the course of arguments on 06.03.2025, Learned Counsel for the Applicant placed reliance on AFT (RB), Lucknow Order passed in OA No

250/2023 in the case of Ex Hav Ajeet Kumar Singh Vs UOI & Ors and submitted that the Disability of the Applicant cannot be assessed less than 20%. Today, during the course of arguments, Learned Counsel for the Respondents submitted that clarification on Guide to Medical Officers, 2008 has been issued by DGAFMS, Ministry of Defence, New Delhi vide their letter dt 14.06.2019 and the disability can be assessed below 20%. In support of his contention, Learned Counsel for the Respondents placed on record AFT (PB), New Delhi Order dt 19.05.2023 in OA No 927/2022 in the case of Ex Hav Ashok Kumar Vs UOI & Ors and submitted that the Disability of the Applicant can be assessed below 20% and the plea of the Applicant was rejected and the OA was dismissed. Therefore, the OA is devoid of merit and deserves to be dismissed.

5. We have heard Learned Counsels for the parties and perused the material placed before us.

6. It is not in dispute that the disability of the Applicant was discharged from Service on completion of terms of engagement and not invalided out on medical grounds. The duly constituted Release Medical Board assessed his disability @15% for life and considered it as Attributable to Naval Service. Therefore, the Applicant has not been granted Disability Pension in terms of Rules 101 and 105-B of Navy (Pension) Regulations, 1964.

7. Taking note of overall facts and circumstances of the case, we deem it appropriate to ascertain the present degree of disability “Sudden Sensorineural Hearing Loss Left Ear ICD H 90.3”, in terms of Guide to Medical Officers, 2008 and the provisions of DGAFMS letter No 16036/RMB/DGAFMS/MA (Pens)/02 dt 14.06.2019. Therefore, we are of the view that the applicant be referred to a Re-assessment Medical Board (RAMB) to assess the present medical condition and present degree of disability of the Applicant. The Respondents are directed to constitute a onetime RAMB for the said Disability “Sudden Sensorineural Hearing Loss Left Ear ICD H 90.3” only at the designated Military Hospital for the examination of the Applicant and assess degree of disability within a period of six months from the date of receipt of a certified copy of this Order and to inform the Applicant the date and venue for his presence. After assessment of the Applicant for the aforesaid disease, the Respondents shall consider the case of the Applicant for grant of Disability Element of Disability Pension for this Disability or otherwise as per the extant rules/policies in this regard within a period of four months. If the Applicant is found eligible for grant of Disability Element for the disability, the same may be granted from the date of holding of RAMB.

8. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

9. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-