Armed Forces Tribunal
Ex Gdr Satar Khan vs UOI & Others on 24 July 2025
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
CIRCUIT BENCH, JODHPUR
1.
OA 509/2023 with MA 939/2023
No 2679385L Ex Gdr Satar Khan, S/o Shri Aman Khan, Resident of Village Jodhrawas, Post Gawardi, Tehsil Merta City, District Nagaur, Rajasthan – 341 510
Versus
1.
UOI, through the Secretary, Govt of India, Ministry of Defence, New Delhi – 110 011
2.
Chief of the Army Staff, Army HQ, DHQ PO, New Delhi – 110 011
3.
PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
4.
The Grenadiers Records, PIN 908 776, c/o 56 APO
…. Respondents
For Applicant
: Mr DS Rathore, Advocate
For Respondents
: Mr Tribhuwan Singh, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
24.07.2025
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA paying that the action of the Respondents be quashed and set aside being illegal, arbitrary, unjust and unconstitutional and that the Respondents be directed to grant disability pension @50% to the applicant wef 26/3/1988 alongwith rounding off benefits to 75% wef 01/1/1996 for life.
2. During the course of hearing, Counsel for the Respondents have raised preliminary objection with regard to maintainability of this OA at this Tribunal as the Writ Petition filed by the Applicant seeking same relief has already been rejected by the Hon’ble High Court of Judicature for Rajasthan Bench at Jodhpur.
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3. We have heard the counsels for the parties and perused the material placed on record.
4. Vide Reply Statement, Respondents have submitted that the applicant was enrolled in the Army on 13/6/1984 and was invalided out from service on 26/3/1988 under Rule 13 (3) Item III (iii) of Army Rules 1954 being medically unfit for army service due to the disability, “Schizophrenia”. He had rendered three years, nine months and 14 days of service. The RMB assessed the disability of the applicant @50% for two years and considered it as neither attributable to nor aggravated by military service. The RMB has also opined that the disability of the applicant is constitutional in nature as also not connected with service. It is also pertinent to note that the SB Civil Writ Petition No 4250/96 filed by the Applicant before the Hon’ble High Court of Judicature for Rajasthan Bench at Jodhpur, seeking same relief of disability pension as has been prayed for in the OA, was dismissed vide Order dated 04/12/1997.
5. In view of the foregoing, and since prayer of the applicant for grant of disability pension has already been adjudicated by the Hon’ble High Court, the OA is not maintainable by this Tribunal.
6. The OA is dismissed with liberty granted to the applicant to approach appropriate forum for the remedy available to him, if so desired.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-