Ex Rfn Devendra Kumar vs UOI & Others on 30 October 2025

O R D E R

30.10.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant Ex-Gratia as per his entitlement, ie for 50% disability wef 30/6/2023.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 17/9/2019 and was invalided out from service on 30/6/2023 after serving for three years, nine months and14 days due to the disability, “B90 Sequelae of Tuberculosis”. The Applicant further submits that the applicant suffered the disability while posted at a very hostile and insurgency prone environment and thus was downgraded to low Medical Category and after the onset of disease, he was not given any treatment while he was hale and hearty when joined the Army. The Disability of the Applicant was considered as attributable to service and was assessed @50% whereas Ex-Gratia allowance was not granted to the applicant till date as authorised vide Circular No 477 dated 07/02/2012, Annexure A/3. Having been aggrieved, the Applicant has filed the OA, praying for relief.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 17/9/2019 and was discharged from service on 30/6/2023 under Rule 13 (3) Item III (iii) (a) (i) of Army Rules 1954. He had rendered three years, nine months and 14 days of service. Due to non availability of sheltered appointment commensurate to his low medical category he was discharged. Since the applicant was in low medical category wef 18/6/2021 due to the disability, “Sputum Smear Positive Pulmonary Tuberculosis (Now Negative), retention of the applicant was not considered in the interest of service as it exceeds the sanctioned strength of the Regiment/Corps, a Show Cause Notice was issued to the applicant. In response to the Show Cause Notice, the applicant vide his personal application dated 08/12/2022, Annexure R/2, the applicant expressed his willingness to continue in service due to financial distress, however, plea of the applicant was not agreed to due to changed operational and training commitments of the Battalion and in the organisational interest he was not recommended for his further retention in service. Accordingly, his discharge ordere was issued by the OIC Records. The RMB assessed the disability of the applicant @50% for three years and considered it as attributable to military service and was granted Disability Pension. Further with regard to plea of the applicant for grant of Ex- Gratia, the Respondents have submitted that under the provisions of Govt of India, Ministry of Defence letter No 17(02)/2016-D(Pen/Pol) dated 04/9/2017, Annexure R/6, “ex-gratia lumpsum compensation to Defence Service Personnel who are boarded out of service on account of disability/war injury attributable to or aggravated by military service shall be paid Rs 20 Lakh for 100% disability subject to provisions as stipulated in the Ministry’s letter No 2(2)/2011/D(Pen/Pol)

dated 26/12/2011”. In the instant case, since the applicant was discharged from service due to non availability of sheltered appointment commensurate to his low medical category and he was not boarded out of service, the applicant is not eligible for grant of Ex-Gratia Lumpsum Compensation under the existing provisions.

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

5. It is evident from the material placed on record that the applicant was enrolled in the Army on 17/9/2019 and was discharged from service on 30/6/2023 in low medical category under Rule 13 (3) item III (iii) (a) (i). He had rendered three years, nine months and 14 days of service. The duly constituted RMB assessed the disability of the Applicant, “Sputum Smear Positive Pulmonary Tuberculosis (Now Negative)” @50% for three years and considered it as attributable to military service. He was granted both Service Element for life and Disability Element for three years vide PPO dated 26/9/2023. The plea of the applicant for grant of Ex-Gratia was denied by the Respondents on the ground that the applicant was discharged from service due to non availability of sheltered appointment in the Unit and was not medically boarded out. The plea of the Respondents does not hold water as it is a fact that service of the applicant was abruptly cut short with a little over three years of service itself because of the disability with which he was affected which tantamounts to his being boarded out from service only before completion of his terms of engagement. Moreover, in his reply to the show cause notice, the applicant had expressed his willingness to continue in service due to his dire financial straits.

6. In view of the foregoing and since the applicant was theoretically and practically boarded out from service due to his low medical category, we deem it appropriate to remit the case back to the Respondents to reconsider the prayer of the applicant for grant of Ex-Gratia as admissible in terms of the extant policies. We expect the Respondents to take a decision in accordance with the prevailing rules/policy,taking into consideration the fact that the applicant was discharged from service in low medical category which was considered as attributable to military service, within a period of six months from the date of receipt of a copy of this Order. The outcome thereof shall be intimated to the Applicant accordingly.

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

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

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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