Ex NC(E) Subhash Chander Choudhary vs UOI & Others on 20 November 2025

ORDER

20.11.2025 Respondents Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying that the Impugned Orders dated 21/9/2020, Annexure A/1 and 22/6/2023, Annexure A/2, by which the Respondents have rejected the disability element claim of the applicant be quashed and set aside and that the applicant be granted disability pension on the ground of Post Thrombotic Syndrome (Lt) Lower Limb (Venous Ulcer) @30% to be rounded off to 50% for the purposes of calculation of pension.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Air Force as NC (E) on 03/2/1987 in fit medical category. He remained in SHAPE-1 till 2015. However, on 05/1/2015, the applicant developed some ailment which was diagnosed as Post Thrombotic Syndrome (Lt) Lower Limb while he was posted at 32 Wing Air Force and was treated at the military hospital. He retired from service on 31/8/2020 on completion of his terms of engagement. The RMB assessed the disability of the applicant as neither attributable to nor aggravated by Air Force service and, hence, he was not granted disability pension.

3. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Air Force as an NC (E) on 06/11/1986. The applicant was initially detected to have Deep Vein Thrombotic Left Lower Limb at the age of 51 years at the time of AME and was placed in low medical category, which was further revised to Post Thrombotic Syndrome Left Lower Limb (Venous Ulcer) vide AFMSF-16 dated 24/12/2019. He was reviewed periodically by the medical authorities. The RMB assessed the disability of the applicant @30% for life and Considered it as neither attributable to nor aggravated by Air Force service. He was discharged from service on 31/8/2020 under the Clause, "on attaining the age of superannuation, after rendering 33 years, six months and 24 days of service. Accordingly, he was not granted disability element of disability pensicn in terms of Para 153 of Pension Regulations for the Air Force, 1961, Part I as his disability was NANA".

4. During the course of hearing, Counsel for the Applicant has placed on record a copy of the Amendment to Chapter VI & VII  Guide to Medical Officers (Military Pensions), 2008, issued by the Govt of India. Perusal of ibid Guide reveals that the disability, "Chronic Venous Insufficiency & Varicose Veins" is a result of sustained result of sustained ambulatory venous hypertension due to valvular incompetence, venous out flow obstruction or calf muscle pump failure. Features of CVI include varicose veins, leg oedema, eczema, lipodermatosclerosis and venous ulcers. Prolonged standing, injury and infection vitiate the condition, hence, merit aggravation, if due to service conditions, Post Thrombotic CVI oCCurring due to service conditions is attributable. Primary varicose veins are not attributable"

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

6. Having heard the parties and perused the material on record and the amendment to Chapter VI & VII to Guide to Medical Officers on which the reliance has been placed by the counsel for the applicant, we deem it appropriate to subject the applicant for a fresh RAMB to asses his present medical condition alongwith the opinion of whether the disability of the applicant was attributable or aggravated by Military Service as the reasoning given by the RMB categorizing it as NANA' is not sufficient.

7. 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, "Post Thrombotic Syndrome Left Lower Limb (Venous Ulcer) " only with which he was discharged from 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 duly constituted RAMB shall elucidate as whether the disability suffered by the applicant is attributable to or aggravated by Air Force service. The copy of RAMB proceedings shall be placed before the Competent Authority for their consideration in accordance with extant rules and regulations. Berore departing, we make it clear that in case based on the opinion of the RAMB that the disability suffered by the applicant has a causal connection to the Air Force service and if 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, as a considerable time has elapsed from the date of discharge of the applicant from service.

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9. cda/ The OA is disposed off accordingly. No order on cOsts. (SANJIV MITTAL) MEMBER (A) Pending application, if any, also stands disposed off. (GOVERDHAN BARDHAR) MEMBER (J)