Ex JWO Ved Prakash (Retd) vs UOI & Others on 19 November 2025

ORDER

19.11,2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant 20% disability element of disability pension from the date of his discharge from service for life. He has also prayed for grant of rounding off benefits to 50% in the light of the judgment of the Hon'ble Apex Court in the case of UOI & Ors Vs Ram Avtar, Civil Appeal No 418 of 2012, decided on 10/12/2014, alongwith interest @18%

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Air Force on 05/5/1994 in medical category 'AYE and was discharged from service on 31/5/2021 on completion of his terms of engagement in the rank of Junior Warrant Officer in permanent Low Medical Category, A4G4(P) with 20% disability for life. He was granted service pension for life for the rank of JWO, Gp Y for 27 years and 27 days of qualifying service. While in service, the applicant had suffered the disability, "Segmental Fracture Femur (Lt) (Optd)" and was treated at the military hospital. The RMB held at SMC 32 Wing Air Force, Jodhpur assessed the disability of the applicant @20% for life and considered it as neither attributable to nor aggravated by military service. Disability element claim of the applicant was rejected by the Respondent No 3 with an advice to the applicant to file an appeal to the First Appellate Committee within a period of six months from the date of receipt of their letter dated 11/11/2021, Annexure A/1. Hovwever, despite preferring an Appeal dated 14/3/2022 and legal notice, all out efforts of the applicant in getting disability element of disability pension were in vain. Under the circumstances, the applicant has filed this OA, praying for relief.

3. During the course of hearing, Counsel for the applicant has fervently submitted that the applicant sustained injury while on his way back to the Unit lines after bidding adieu to one of his colleagues who was going on temporary duty, at the Railway Station and, thus, there was a causal connection between the injury sustained by the applicant and the Air Force service. Thus, he is eligible for grant of disability element of disability pension as it was a part of his duty.

4. The Respondents have filed Reply Statement. While not disputing the basic facts, they have submitted that the applicant was discharged from Air

Force service on 31/5/2021 under the Clause, 'on fulfilling the conditions of his enrolment after rendering 27 years of reqular service'. Since the applicant was in low medical category for the injury sustained by the applicant while Coming back from Delhi Cantt Railway Station after seeing off his friend vide Injury Report dated 06/7|2011, the RMB assessed the disability of the applicant, "Segmental Fracture Femur Lt (Optd)" @20% for life and considered it as neither attributable to nor aggravated by military service as also not connected with military service. The Respondents further submit that in terms of Rule 153 of Pension Regulations for the Air Force 1961, Part I, the applicant is not eligible for grant of disability element of disability pension as the disability of the applicant was considered as neither attributable to nor aggravated by military service.

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

6. From the foregoing and the material on record, it is evident that the applicant was discharged from Air Force Service on 31/5/2021 on fulfillment of his terms of engagement. He had had rendered 27 years and was granted service pension for life for the qualifying service. As per copy of Injury Report on Accidental and Self Inflicted Injuries - Officers, JCOs/OR & NCs(E), it has been clearly mentioned therein by the applicant that "he sustained injury on 18/6/2011 at 2230 hours with auto while coming back from Delhi Cantt Railway Station after seeing off friend. It has nowhere been found mentioned that he was asked to see off a colleague of his who was proceeding on temporary duty to help him with his luggage, etc. Further, as per the copy of the attributability certificate dated 05/2/2021, duly signed by AOC, 32 Wing, Air Force, it has been mentioned that the applicant sustained injury while coming back from Delhi Cantt Railway Station when he was hit by an auto as per Injury Report and the injury sustained by the applicant was considered as neither attributable to nor aggravated by Air Force Service. The RMB, therefore, assessed the disability of the applicant, "Segmental Fracture Femur Left (Optd) (0ld)" @20% for life and considered it as neither attributable to nor aggravated by Air Force service. In View of this, it 0s apparent that there was no causal connection between the injury sustained by the applicant and Air Force service and, thus, the applicant was not granted disability element of disability pension by the competent authority as he was not entitled to the same in terms of extant policy. It is also prudent to observe that while the applicant sustained injury in July 2011 and was downgraded to low medical category, still the applicant was allowed to continue in service in low medical category for another almost ten years till he fulfilled his terms of engagement and was finally discharged from service wef 31/5/2021. During the course of hearing, counsel for the Respondents sutbmitted that the requirement of holding a Court of Inquiry was dispensed with by the Competent Authority in terms of Rule 796 (c) (i) of Regulations for Air Force, 1964.

7. Notwithstanding the above, in view of persistent request of the Counsel for the Applicant, we remit the case back to the Competent Authority to reconsider the case of the Applicant for grant of disability element of disability pension, as prayed for in the OA. We expect the Competent Authority to take a final decision in this regard in accordance with prevailing rules/ruling/policy on the subject within a period of six months from the date of receipt of a copy of this Order. The outcome shall be intimated to the Applicant accordingly.

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(SANJIV MITTAL) MEMBER (A) OA 74/2023 No 770282H JWO Ved Prakash (Retd) The OA is disposed off accordingly. No order on costs. Pending application, if any, also stands disposed off. ORCES (GOVERDHAN BARDHAR) MEMBER (J)