Ex Hav (MACP Nb Sub) Mahender Pal (Army) vs UOI & Others on 27 October 2025

**ORDER**

**27.10.2025**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to conduct Re-assessment Medical Board of the Applicant to assess the percentage of disability of the Applicant and grant disability pension wef 01/3/2023 for life.

2. Brief facts of the case as enunciated by the Applicant are that the applicant was enrolled in the Army on 24/2/1997 and was discharged from service on 28/2/2023 after rendering more than 26 years of service in medical category SHAPE-I, whereas the applicant sustained injury on his right Ankle while running BPET and was downgraded to low medical category. The applicant was discharged from service with disability which was neither assessed nor the applicant was placed in low medical category which was illegal as the RMB of the applicant was held in May 2022 and the applicant sustained injury in the month of November 2022. Therefore, not conducting RMB again was highly illegal and arbitrary as the similarly placed personnel are granted disability element of pension for the said disability. However, the applicant was granted only service pension.

3. During the course of hearing, counsel for the applicant has reiterated that the RMB of the applicant was held in May 2022, but the applicant sustained injury in November 2022. However, no fresh RMB was held prior to his discharge from service on 28/2/2023.

4. Vide Reply Statement, the Respondents have submitted that consequent to completion of applicant's service limit in his present rank, the applicant was discharged from service on 01/3/2023 on fulfilling the conditions of his enrolment under Rule 13 (3) item III (i) of Army Rules 1954. The applicant was in medical category, SHAPE-1, therefore, the RMB held at MH, Nasirabad on 27/8/2022 found him fit to be released in medical category SHAPE-1. Further, the applicant was admitted in MH Nasirabad on 18/11/2022 for the diagnosis, "Achilles Tendinitis (Rt) and was further transferred to Command Hospital, Southern Command, Pune on 24/11/2022, where he was diagnosed as Partial Tendoachilles Tear Right (Managed Conservatively and was discharged from there on 05/12/2022 in medical category SHAPE-1, to be reviewed at the nearest service OPD after two weeks. However, no record of review after the stipulated period is found recorded/held in the service/medical document of the applicant.

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

6. From the foregoing and perusal of record, it is evident that the applicant was discharged from service on 28/2/2023 under Rule 13 (3) Item III (i) of Army Rules 1954. He had rendered 26 years and five days of service for which he was granted service pension for life. The RMB held on 27/8/2022 at MH Nasriabad found the applicant fit to be released from service in SHAPE-1, Annexure R/1. However, as per the statement of the Respondents, the applicant was admitted in MH Nasirabad as a case of Achilles Tenditis (Rt) and was further transferred to Command Hospital, Southern Command for the diagnosis, "Partial Tendoachilles Tear Right (Managed Conservatively) and discharged from there on 05/12/2022 in SHAPE-1 to be reviewed after two weeks. However, no review medical board was conducted thereafter. Therefore, we deem it appropriate to subject the applicant to a Re-assessment Medical Board (RAMB) for the disability sustained by the applicant prior to his discharge from service.

7. Accordingly, we direct the Respondents to constitute a onetime Re-assessment Medical Board (RAMB) at a designated Military Hospital for the examination of the Applicant for the aforesaid purpose within 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. The RAMB will give its opinion on the present medical condition of the Applicant's Disability, "**Partial Tendoachilles Tear Right (Managed Conservatively)**" which was stated to be sustained by the applicant prior to his discharge from service on 18/11/2022, which was not assessed afresh prior to his discharge from service as the RMB of the applicant had been held on 27/8/2022, though he was discharged from hospital after treatment in SHAPE-1, in December 2022, and assess the degree of Disability and the probable duration of the degree of disablement alongwith any other observation relevant to this disability only. The RAMB shall also elucidate as to the attributability/aggravation or otherwise of the injury sustained by the applicant while in service on 18/11/2022 with military service. The copy of RAMB proceedings shall be placed before the Competent Authority for their consideration in accordance with extant rules and regulations. Before departing, we make it clear that in case the ibid disability of the applicant is assessed at the accepted level of 20% or above and the disability element of disability pension is to be granted to the applicant, it would be granted wef the date of holding of RAMB alongwith rounding off benefits in accordance with extant rules/regulations.


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

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


**(SANJIV MITTAL)** **MEMBER (A)**


**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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