Hony Sub Lt (MACPO II) Ranveer Singh vs UOI & Others on 25 November 2025

O R D E R

25.11.2025

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to hold post discharge claim medical/RSMB to assess the current disability/disease of the applicant as also to ascertain as to whether the same disease/disability pre-existed before his retirement from active service or is a delayed manifestation of pathological process set in motion by the service conditions, obtaining prior to his discharge from service.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Navy on 02/1/1984 after he was found absolutely fit in all respects and free from any disease or disability. He retired from Naval service in the rank of MCPOM-II/Hony Sub Lt on 31/1/2018 on expiry of his terms of engagement. He had rendered 34 years and 30 days of service and is in receipt of pension. While in active service, the applicant suffered the disability, “Bronchial Asthma” on 04/9/2091/(sic) 1991, while he was posted in INS Angre/NH Powai, after seven and a half years from the date of his joining the service. He was treated and was placed in low medical category S3A3(P) T-24 wef 19/9/1991with advice to him to avoid smoking, exposure to dust/cold and humid climate and air conditioned environment. He was also advised anti-asthma drug therapy of Tab Asthalin, Sodium Cromogylcate 20 mg eight hourly inhalation and occasional treatment of inter current treatment to prevent infection, Annexure A/3. The disease has gradually aggravated due to climatic conditions and stress and strain of naval service and was termed as, “Extrinsic Asthma” and was recommended to be in low medical category by the review medical board held in Dec 1992. Applicant further submits that Bronchial Asthma hyper actively occur during acute airway inflammation/injury caused by ozone exposure, viral infection etc and the involvement of an augmented reflex broncho constriction and is more serious respiratory health condition. However, rather than placing the applicant in low medical category he was upgradaded to S1A1, while still suffering from the said disability. Under the circumstances, the applicant is entitled for a one time RSMB post his discharge from service in terms of Para 34 of Navy Pension Regulations, 1964.

3. The Respondents have filed a Reply Statement. While not disputing the basic facts, they have submitted that the applicant was discharged from Naval service on 31/1/2018 after completing 34 years and 30 days of service. He was sanctioned pension for the qualifying service. The RMB, after considering all the biomedical parameters and clinical assessment of the applicant, found him fit at the time of his superannuation and recommended him for release from service in medical category S1A1, which is clear that the applicant was not suffering from any kind of disability at the time of his release from service and he was in good bodily health and had prospect of an average duration of of life. In September 1991, he was diagnosed with the disability, Bronchial Asthma ICD No 394 and the applicant’s medical board proceedings (Categorisation) Part I dated 19/9/1991 is relevant. Family history of bronchial asthma is mentioned in the medical board proceedings.He was placed in low medical category S3A3 (P) T-24 wef 19/9/1991. In the next medcial recategorisaition board proceedings held on 28/12/1992, the applicant was upgraded to S1A1 for the disability, “Bronchial Hyperactivity (Treated) with, “avoid sudden changes in climates and exposure to polluted or engine fumes atmosphere”, as recommendations to his employment. The RMB held on 29/9/2017,assessed the applicant fit to be released from service in medical category S1A1. The Appeal submitted by the applicant for post discharge RSMB was rejected by the DG AFMS (P) vide their letter dated 13/3/2024, which was communicated to the applicant vide letter dated 02/5/2024.

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

5. It is evident that the applicant superannuated from Naval Service on 31/1/2018 on completion of 34 years and 30 days of service and was granted service pension for life. As per the statement of the Respondents and the copy of RMB proceedings dated 09/10/2017, the applicant was superannuated from service in Medical Category S1A1. However, Respondents have also conceded that the applicant was treated for the disability, which was initially diagnosed in the year 1991 as, “Bronchial Asthma” whichn was changed to, “Bronchial Hyperactivity (Treated)”, with advice to the applicant to take certain precautions. In view of the foregoing, we deem it appropriate to subject the applicant for a one time RAMB to assess the medical condition of the applicant as it has been stated by the applicant that he continues to suffer from the disability of Bronchial

Asthma/Bronchial Hyperactivity. Other disabilities stated by the applicant to have affected him viz, “Diabetes Mellitus” and “Pemphigus Vulgaris”, a skin disorder post his discharge from service need not be considered by the RAMB as there has been no history of these disabilities while the applicant was in service and with his discharge from service. There is no stress or strain of service and no aggravating factors for any disability. Hence, the plea of the applicant for assessment of these disabilities by the RAMB is rejected.

6. We, therefore, direct the Respondents to constitute a onetime Re- assessment Medical Board (RAMB) at the designated Military Hospital for the examination of the Applicant towards the aforesaid purpose within eight 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 for the said Disability, “Bronchial Hyperactivity (Treated)” , only with he suffered during service and assess the degree of Disability and the probable duration of the degree of disablement alongwith any other observation relevant to the case. The RAMB will keep in mind the re-categorisation medical board 19/9/1991 and 28/12/1992 while conducting the RAMB as also lucidly explain as to whether attributability/aggravating factors of stress and strain of Military Service which caused the applicant to be affected by the disease. The copy of RAMB proceedings shall be placed before the Competent Authority for their consideration for grant of Disability Element or otherwise in accordance with extant rules and regulations. Before departing we make it clear that in case the Disability Element is proposed to be granted on the basis of RAMB recommendations, the disability element of disability pension shall be granted to the applicant wef the date of holding of the RAMB alongwith rounding off benefits. The applicant shall be informed of the decision of the Competent Authority.

OA 506/2023 with MA 932/2023 Hony Sub Lt/MCPO II Ranveer Singh(Retd)

7. 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)

cda/-