Armed Forces Tribunal
Ex Nk Narayana Ram (Army) vs UOI & Others on 9 October 2025
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
**18.
OA 330/2022 with MA 462/2022**
**No 3157992 Ex Nk Narayana Ram, S/o Shri Birdha Ram, Resident of Village Rajpura, Post Parewari, Tehsil Kuchaman City, Nagaur District, Rajasthan**
** .... Applicant**
**Versus**
**1. UOI, through the Secretary, Ministry of Defence, New Delhi – 110**
**011**
**2. The PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014**
**3. The OIC Records, The Jat Regiment, Bareilly, UP – 243 001**
** .... Respondents**
**For Applicant : Mr. Tansukh Rai, Advocate For Respondents : Mr. Pradeep Mathur, Advocate**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER
09.10.2025**
**MA No 462/2022**
**1. The applicant has filed this MA, praying for condonation of delay involved in filing the OA. Taking into consideration the reasons stated therein, the Application for condonation of delay is allowed and MA is disposed off accordingly.**
**यतो न्यायः ततो जयः**
**OA No 330/2022**
**2. 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 from the date it was discontinued by the Respondents and further grant benefit of rounding off of the same wef 19/7/1997 with all consequential benefits with interest @18% for the purpose of computing the disability element.**
3. Brief facts of the case as enunciated by the Applicant are that the applicant was enrolled in the Army on 12/4/1967 and was discharged from service on 29/3/1992 under Rule 13 (3) III (v) read in conjunction with Sub Rule 13 (2A) due to the disability, "Compression Fracture". The RMB assessed the disability of the applicant @20% for one year and considered it as attributable to military service and was granted disability element by the PCDA (P). After RSMB held on 24/2/1997, the percentage of degree of disability of the applicant was reduced by the Respondents at less than 20% though it was assessed @30% by the RSMB and thus the disability element of pension wef 19/7/1997 was discontinued for five years. Yet another RSMB assessed the disability of the applicant at less than 20% for life. Despite concerted efforts of the applicant in restoring the disability element of disability pension, the Respondents have not paid heed to the numerous requests of the applicant and, hence this OA, praying for grant of disability element of disability pension from the date it was discontinued.
4. The Respondents have filed a Reply Statement and have submitted that the applicant was enrolled in the Army on 12/4/1967. Having rendered 14 years, 11 months and 17 days of service, the applicant was discharged from service under Rule 13 (3) III (v) of the Army Rules 1954 on 28/3/1982 due to the disability, "Compression Fracture D-7 Vertebra". The RMB held prior to his discharge from service, assessed the ibid disability @30% for two years and considered it as attributable to military service. While the applicant was granted Service Element for life wef 28/3/1982 and disability element of disability pension for two years as assessed by the RMB. RSMB held on 01/9/1983 assessed the disability of the applicant @30% Permanent, however, the MA (P) at the PCDA granted disability element of disability pension to the applicant @30% for two years upto 31/8/1985. Based on further RSMB held on 19/7/1985 which assessed the disability of the applicant @30% for two years, but the MA (P) granted disability element @30% for 12 years wef 01/9/1985 till 18/7/1997. Next RSMB held on 24/2/1997 again assessed the disability of the applicant @30% Permanent, but MA (P)/ PCDA (P) re-assessed the degree of disability at less than 20%, ie, 11 to 14% for five years and rejected the disability element claim of the applicant. Final RSMB held on 08/12/2001 assessed the disability of the applicant @ less than 20% (11 – 14%) for life. Respondents further submit that the applicant is not entitled for grant of Disability Element of Disability Pension in terms of Regulation 186 (2) of Pension Regulations for the Army 1961, Part I, coupled with the inordinate delay of more than 20 years involved in filing the OA.
5. We have heard both the parties and perused the material placed on record. From the perusal of records, the following facts germane to the case emerge :- (a) The Applicant was enrolled in the Army on 12/4/1967 and was discharged from service on 28/3/1982 in low medical category under Rule 13 (3) item III (v) of Army Rules 1954. He had rendered 14 years, 11 months and 17 days of service and was granted service pension for life.
सत्यमेव जयते
(b) The RMB assessed the disability of the applicant, "Compression Fracture D-7 Vertebra" @ 30% for two years and considered it as Attributable to military service and was granted disability element of disability pension for two years, as assessed by the RMB.
(c) RSMB held on 01/9/1983 assessed the disability of the applicant @30% Permanent. However, MA (P) at the PCDA (P) re-assessed the degree of disability @30% for two years and, hence, granted disability element for two years till 31/8/1985.
(d) RSMB held on 19/7/1985 assessed the disability of the applicant @30% for two years. However, MA (P) at the PCDA (P) at his wisdom granted the disability element @30% for 12 years till 18/7/1997.
(e) RSMB held on 24/2/1997 again assessed the disability of the applicant @30% Permanent, but MA (P) again reduced the degree of disability at less than 20% (11-14%) for five years and rejected the claim of the applicant.
(f) Final RSMB held on 08/12/2001 assessed the disability of the applicant @less than 20% for life.
(g) OA has been filed on 10/8/2022 after an inordinate delay of more than two decades.
6. It is apparent that the applicant was discharged from service in low medical category for the disability "Compression Fracture D-7 Vertebra", which was considered as attributable to military service and assessed @30% for two years by duly constituted RMB and was granted disability element accordingly. However, in all the subsequent four RSMBs held, MA (P) at the PCDA (P), in his wisdom, had tweaked the opinion of the duly constituted RSMBs and granted disability element of disability pension at their whims. In that the two RSMBs held on 01/9/1983 and 24/2/1997 assessed the disability of the applicant @30% Permanent, which was over-ruled by MA (P) at PCDA (P), which was against the spirit of Judgment passed by the Hon'ble Apex Court in this regard. Even the RSMBs held on 19/7/1985, 24/2/1997 and again on 08/12/2001 was unwarranted as the duly constituted RSMB held on 01/9/1983 assessed the disability of the applicant @30% Permanent, which should have been honoured by the authorities at the PCDA (P) rather than making the applicant to undergo the rigmarole of subsequent RSMBs. In view of this and since MA (P) had overstepped in ignoring the opinion expressed by the duly constituted RSMBs, we are of the considered view that the applicant is eligible for grant of disability element of disability pension for a disability which was considered as attributable to military service by the RMB along with rounding off benefits from the date of its discontinuation. However, since there was an inordinate delay of more than two decades in filing the OA on 10/8/2022, the arrears need to be restricted to three years prior to the date of filing of the OA in terms of judgment of the Hon'ble Apex Court in the case of UOI & Ors Vs Tarsem Singh 2008 (8) SCC 648.
7. In fine, the OA is allowed and the Respondents are directed to grant disability element of disability pension @30% duly rounded off to 50% wef 10/8/2019 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, failing which, interest @6% pa shall be admissible to the applicant till the actual date of its payment.
8. The OA is disposed off accordingly. No order on costs.
Sd/-xxx
**(SANJIV MITTAL)** **MEMBER (A)**
cda/-
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सत्यमेव जयते
Sd/-xxx
**(GOVERDHAN BARDHAR)** **MEMBER (J)**
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