Ex Sgt Munna Lal Sain vs UOI & Others on 29 July 2025

1. 1. UOI, through the Secretary, Ministry of Defence, Room No 101A, South Block, DHQ PO, New Delhi – 110 011

2. 2. Air Commodore (AV) Through Dte of Air Veteran, Air HQ, Subroto Park, New Delhi – 110 010

3. 3. PCDA (P), Draupadi Ghat, Near Sadar Bazar, Prayagraj, UP – 211 014

4. 4. Tl.e Joint CDA (Air Force), Subroto Park, Delhi Cantt, New Delhi – 110 010

**.... Respondents**

**For Applicant For Respondents**

**: Mr Shyam Sunder Sharma, Advocate : Mr Abhishek Singh, Advocate**

**CORAM:

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J) HON'BLE MR. SANJIV MITTAL, MEMBER (A)**


1. Under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has filed this OA praying for directing the Respondents to conduct Resurvey Medical Board of the applicant to decide the present disability of the applicant after including the disease, "Ankylosing Spondylitis". He has also prayed for directing the Respondents to revise the disability pension of the applicant in the light of the new findings of the Resurvey Medical Board and issue a fresh PPO accordingly.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Air Force on 04/7/1988 and was discharged from there on medical grounds on 22/2/2011 The IMB considered the disabilities of the applicant, "Bipolar Affective Disorder, (ii) PIVD & (iii) Chronic Otitis Media (Lt) Ear (Optd)", as (i) neither attributable to nor aggravated by service, (ii) not attributable to, but aggravated by service and (iii) attributable to but not aggravated by service. Based on the recommendation of the IMB, the applicant was granted disability element of disability pension @40% for life. The applicant further submits that since discharge from service, the applicant was under the medical superintendence of ECHS and continuously under treatment for these disabilities. During the treatment of PIVD, the applicant was subjected to certain tests and was diagnosed with the disease, Ankylosing Spondylitis in May 2012 and was referred to Rheumatologist for further treatment. Since then the applicant has been under treatment for the said disease with other ailments. Further, medical condition of the applicant has been worsening since invalidment and despite several verbal requests medical condition qua disability of the applicant was never re-assessed by the Respondents.

3. Respondents have filed a Reply Statement. While not disputing the basic facts, they have submitted that the applicant was discharged from Air Force service on 22/2/2011 under the Clause, "Having been found medically Unfit" after rendering 22 years, 7 months and 17 days of regular service. The IMB assessed the disabilities of the applicant, (i) Bipolar Affective Disorder @40%, with disability qualifying for grant of disability pension @NIL for life, (ii) PIVD (Old) @20% and (iii) Chronic Otitis Media B/L (Lt) Ear (Optd) "Old" @20% with net assessment qualifying for grant of disability pension @ 40% for life for last two disabilities. While the IMB considered the first disability as neither attributable to nor aggravated by service, second and third disabilities are considered as aggravated by Air Force service and as attributable to Air Force service respectively. All the three disabilities are assessed @composite 70% for life. Based on the adjudication by the AOC, AFRO the applicant was granted disability element of disability pension @40% for life. Based on the OA No 109/2015 filed by the applicant before this Tribunal, praying for grant of disability element of disability pension @80% alongwith rounding off benefits was rejected by this Tribunal vide Order dated 17/8/2022. The applicant has preferred DB Civil Writ Petition No 11854/2023 before the Hon'ble High Court of Judicature for Rajasthan Bench at Jaipur, which was dismissed vide Order dated 31/1/2024 holding the opinion that, *"we do not find any error in the impugned order so as to exercise the writ jurisdiction and the petition being devoid of merit is liable to be and is accordingly dismissed"*.

4. During the course of hearing, counsel for the applicant has fervently pleaded to subject the applicant for a fresh Re-assessment Medical Board to evaluate and assess his present condition of the fresh disease that had developed post his discharge from the Air Force service "Ankylosing Spondylitis" owing to which the applicant has difficulty in standing/doing his personal chores. He has also prayed for grant of disability element of pension based on the fresh re-assessment of the said disease. We consider it appropriate to accede to the prayer of the counsel for the applicant for a fresh RAMB of the applicant as this disease came to notice in 2012 itself within a period of one year of his discharge from service.

5. 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 fresh disease, "Ankylosing Spondylitis" only purported to have been suffered by the applicant post his discharge from Air Force service and assess the degree of the said disease and the probable duration of the degree of disablement alongwith any other observation relevant to this particular disease. The RAMB will give its explicit opinion as to whether the said disease was attributable to/aggravated by Air Force service at this belated stage considering the fact that the applicant was discharged from Air Force service way back on 22/2/2011. The copy of RAMB proceedings shall be placed before the Competent Authority for their consideration in accordance with extant regulations. Before departing we make it clear that in case the ibid disease of the applicant is assessed at the accepted level of 20% or above and is considered as attributable to and/or aggravated by Air Force service the assessment of this disease shall also be included for granting disability element of disability pension to the applicant wef the date of holding the RAMB alongwith rounding off benefits, if found eligible.

सत्यमेव जयते

- 6. OA is disposed off accordingly. No order on costs.

- 7. Pending application, if any, also stands disposed off.

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

cda/-

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