Ex Hav (MACP Nb Sub) Sohan Lal vs UOI & Others on 15 October 2025

O R D E R

15.10.2025

MA No 92/2024

1. MA No 92/2024 has been filed by the Applicant for condonation of delay in filing the OA. Having considered the reasons and grounds stated in the Application, the delay in filing the OA is condoned.

OA No 62/2024

2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Disability Element of Disability Pension@ 20% along with Rounding Off benefits to 50% for life wef 01.10.2021 and that the arrears be paid along with interest @ 8% per annum.

3. The brief facts of the case, as enunciated by the Applicant are that the Applicant was enrolled in the Army on 31.07.2004 and was discharged from Service on 30.09.2021 at his own request on extreme compassionate grounds. While in Service, he suffered from the disability “PIVD L4-L5, L5-S1”and was placed in low medical category. The duly constituted Release Medical Board held at the time of discharge, assessed his disability @ 20% for life and considered it as Aggravated by Military Service. However, the disability was reduced to 15% on the grounds that the Applicant refused to undergo surgery and, hence, the Applicant was not granted Disability Element of Disability Pension. 1stAppeal preferred by the Applicant has been rejected by the Competent Authority and the outcome of 2nd Appeal preferred by the Applicant is still awaited. The Applicant submits that he suffered from the disability due to stress and strains of military service and in the light of Hon’ble Supreme Court judgment in the case of UOI & Ors Vs Rajbir Singh, JT (2015) (2) SC 392, he is eligible for grant of Disability Element of Disability Pension along with Rounding Off benefits to 50%. The Applicant also issued Legal Notice to the Respondents for grant of Disability Element of Disability Pension but the same was rejected by the Respondents. Therefore, the aggrieved Applicant has preferred present OA.

4. The Respondents filed a detailed reply to the Application and while not disputing the basic facts presented by the Applicant, they have submitted that the Applicant had rendered his unwillingness for surgery, therefore, the disability was reduced to 5% and net assessment of disability for qualifying for Disability Pension was assessed @ 15% for life by the duly constituted Release Medical Board. The Applicant was not invalided out of military service but was discharged from Service at his own request on extreme compassionate grounds. Since the final disability of the Applicant was below 20%, he is not eligible for grant of Disability Pension in terms of Rule 179of Pension Regulations for the Army, 1961 (Part-1) and Rule 53 of Pension Regulations for the Army, 2008 (Part-1). Moreover, 1st Appeal preferred by the Applicant has also been rejected by the Competent Authority. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

5. After going through the averments of the Learned Counsels and the material available on record, the following facts emerge:- (a) The Applicant was discharged from service on 30.09.2021 on his own request on compassionate groundsand has been granted Service Pension for life.

(b) The Applicant refused to undergo surgery for disability “PIVD L4- L5& L5-S1”. Duly constituted Release Medical board assessed his disability @20% for life and opined it as Aggravated by Military Service. However, as the Applicant had rendered his unwillingness for Surgery, the same was reduced to 15% and final assessment qualifying for disability pension was assessed @ 15% for life.

6. The point to be determined is whether a person who has rendered unwillingness for surgery is eligible for grant of Disability Pension?

7. Germane to arriving at a conclusion in this issue are the facts mentioned in the Release Medical Board. In Part VII, Para 2 (c) of the Release Medical Board, in the question as “Has the individual refused to undergo operation or treatment?”, the answer is “Yes, unwilling certificate copy attached”. In Para 2(d), in the question as “Has the effect of refusal been explained to and fully understood by individual, viz., a reduction in, or the entire withholding of, any disability pension to which he/she might otherwise be entitled”?, the answer is “Yes”. In Para 2 (e), in question as “Does the medical board consider it probable that the operation/treatment would have cured the disability or reduced its percentage?”, the answer is “Yes, it would have lead to better management of the disability”. In Para 2 (f), in the question as “If the reply to (e) is in affirmative, what is the probable percentage to which the disablement could be reduced by operation/treatment?, the answer is as “05%”. In Para 2 (g), in the question “Does the Medical Board consider the individual’s refusal to submit to operation/treatment reasonable?” it is answered as “The treatment would have been better with better result”. From the above, it is clear that the medical experts have also opined that probably the disability would have been reduced to 5% but the process of disease will not stop and, hence, there was no absolute guarantee that the disease would get fully cured with the proposed surgery.

8. The issue on the entitlements for Disability Pension wherein an individual suffering from a disability refused to undergo medical treatment has been explained in Para 177 of Pension Regulations for the Army, 1961 (Part-1), which reads as under:- “177. Cases where an individual suffering from a disability accepted as attributable to or aggravated by military service refuses to undergo an operation, or other medical treatment which in the opinion of the service medical authority, would cure the disability or reduce the degree of disablement, shall not be treated as those of “aggravation” or “retardation of cure” under Regulation. 118, but shall be dealt with as follows:- (a) If the refusal to undergo treatment or an operation is reasonable, the full disability pension normally admissible under the regulations shall be granted.

(b) If the refusal to undergo treatment or an operation is unreasonable, pensionary award be regulated as under:-

(i) In case where the Pension Sanctioning Authority in consultation with the Medical Advisor (Pensions) where necessary, decides that an operation or medical treatment will cure the disability, the disability element shall be withheld but the service element as per regulation 186 shall be granted.

(ii) In cases where the pension sanctioning authority in consultation with the Medical Advisor (Pensions) where necessary decides that an operation or medical treatment will reduce the disability to a lower percentage, the disability element of pension shall be restricted to that element which is appropriate to the lower percentage of disablement. If that lower percentage is less than 20 per cent, then only the normal service element admissible as per regulations 186, shall be granted.

(iii) The question whether an individual’s refusal to undergo medical treatment or an operation for his disability is reasonable or unreasonable shall be decided in accordance with the criteria published in Appendix V to these Regulations.”

9. In the present case, the Applicant refused to undergo surgery and, as per the opinion of medical experts, the disability would have been reduced upto 5% only but the surgery will not stop the disease process and there was no guarantee that after surgery, the disability will be fully cured, rather there were associated risks for further damage to spinal cord and further complications could arise. Therefore, the reduction of his disability to 15% from the assessment of 20% by the Release Medical Board is not justified in any way. Hence, we are of the considered view that the Disability of the Applicant “PIVD L4-L5 & L5-S1” as initially assessed by the Release Medical Board would remain @ 20% for life. Accordingly, the Applicant is eligible for grant of Disability Element of Disability Pension @ 20% for life along with Rounding Off Benefits to 50% for life from his date of discharge from Service, ie., 01.10.2021.

10. In-fine, we direct the Respondents to grant Disability Element of Disability Pension to the Applicant @ 20% duly rounded off to 50% for life wef 01.10.2021. The arrears of Disability Element of Disability Pension shall be paid to the Applicant within six months of receipt of a certified copy of this Order failing which the arrears shall carry interest @ 6% per annum till the date of actual payment.

11. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.

12. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-