Ex Hav Mahendra Singh Naruka vs UOI & Others on 9 October 2025

O R D E R

09.10.2025

MA No 216/2024

1. MA No 216/2024 has been filed by the Applicant for condonation of delay in filing the OA. For the reasons stated in the Application MA No 216/2024 is allowed.

OA No 138/2024

2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents for holding of RSMB of the Applicant to assess the percentage of disability “Functional Low Back Ache” and, accordingly, grant Disability Pension along with Rounding Off Benefits of Disability Element of Disability Pension in the light of Hon’ble Supreme Court judgments in the case of Dharamvir Singh Vs UOI & Ors (2013) 7 SCC 316 and Sukhvinder Singh Vs UOI & Ors (2014) STPL 468 SC and that the arrears be paid along with interest @ 10% per annum.

3. Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 26.08.1997 and on completion of terms of engagement, he was discharged from Service on 31.08.2021 for which he has been granted Service Pension for life. The Applicant submits that while posted at SFTS, he suffered from Functional Low Back Ache and was admitted to Military Hospital, Bakloh where he was diagnosed as “PIVD L4-L5, L5-S1 @ Degenerative” by the Surgical Specialist. The Applicant was placed in temporary low medical category and was exempted from BPET/PPT. However, at the time of discharge, Release Medical Board (RMB) could not detect his disability which resulted in such a drastic change within six months of discharge from Service. After discharge from Service, he made representations for holding of Re-Survey Medical Board to assess his medical condition and grant of disability pension, but to no avail. The Applicant submits that Para 8 (a) Entitlement Rules for Casualty Pensionary Awards provides that the cases in which a disease was not present at the time of member’s retirement/discharge from service but arose within 7 years thereafter, these cases may be recognized as attributable to military service, if it can be established by the Competent Authority that the disability is a delayed manifestation of a pathological process set in motion by service conditions obtaining prior to discharge. Further, the Applicant suffered from the disease while doing BOC, therefore, his disability has to be considered as Attributable to Military Service in terms of Para 60 of Guide to Medical Officers, 2008. In support of his arguments, Learned Counsel for the Applicant has placed reliance on Hon’ble AFT (PB) New Delhi judgments in the case of Ex Nb Sub Shankar Bhagat Vs UOI & Ors in OA No 44/2017 decided on 21.10.2022 and Lt Gen PS Bhalla Vs UOI & Ors in OA No 920/2018 decided on 01.12.2022. In view of the aforesaid averments, Learned Counsel for the Applicant has filed present OA for holding of Re-Survey Medical Board and further grant of Disability Element of Disability Pension along with Rounding Off Benefits as per the assessment of degree of disability.

4. The Respondents have filed a detailed Reply Statement andwhile not disputing the basic facts presented by the Applicant, they have submitted that the Applicant suffered backbone injury on 18.07.2012 during BOC practice at unit BOC ground. He was admitted to MH, Agra Cantt and his injury was diagnosed as “Functional Low Back Ache”. He was placed in temporary low medical category wef 05.03.2013 and continued to be placed in temporary low medical category till 20.07.2014. He was placed in SHAPE-1 by Re- Categorisation Medical Board held on 21.07.2014 held at MH, Agra and continued to remain in SHAPE-1 till he was discharged from Service. The duly constitutedRMB held on 27.04.2021 declared his medical category as SHAPE-1. The Applicant was discharged from Service on completion of terms of engagement in medical category SHAPE-1, hence, he is not eligible for grant of Disability Pension. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.

5. Perusal of records reveals that the Applicant suffered from backbone injury on 18.07.2012 during BOC practice at unit BOC ground. He was admitted to MH, Agra Cantt and his injury was diagnosed as “Functional Low Back Ache”. The Applicant was placed in temporary low medical category wef 05.03.2013 which was reviewed from time to time and he remained in low medical category till 20.07.2014. Thereafter, he was upgraded to medical category SHAPE-1 by the Re-categorisation Medical Board held at MH Agra on 21.07.2014. As per Injury Report dt 12.10.2012, the Applicant sustained injury while on bonafide military duty and the injury was considered as Attributable to Military Service.

6. On the issue of Post Discharge claims, Rule 8 of Entitlement Rules for Casualty Pensionary Awards, 2008 reads as under:- “8. Post Discharge Claims: (a) Cases in which a disease was not present at the time of the member’s retirement/discharge from service but arose within 7 years thereafter, may be recognized as attributable to service if it can be established by the competent medical authority that the disability is a delayed manifestation of a pathological process set in motion by service conditions obtaining prior to discharge.

(b) xxxxxx”

7. In the present case, the Applicant suffered from the injury while performing bonafide military duty. The disability of the Applicant was considered as Attributable to Military Service. The Applicant was placed in low medical category wef 05.03.2013 and was upgraded to medical category

SHAPE-1 wef 21.07.2014 and remained in SHAPE-1 till his discharge from Service on 31.08.2021. Even the RMB assessed him to be in SHAPE-1. The Applicant has filed the present OA on 16.04.2024, ie., well before 7 years from the date of his discharge from Service and in terms of Entitlement Rules for Casualty Pensionary Awards, 2008, the Applicant may be allowed to appear before a onetime RAMB to assess his present medical condition.

8. Taking into consideration the overall facts and circumstances of the case, we deem it appropriate to ascertain the present degree of disability “Functional Low Back Ache”, if any, and its probable condition. Therefore, we are of the considered view that the applicant be referred to a Re-assessment Medical Board (RAMB) to assess the present medical condition of the Applicant. The Respondents are directed to constitute a onetime RAMB for the said Disability “Functional Low Back Ache” at the designated Military Hospital for the examination of the Applicant and assess degree of disability within a period of six 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 shall also opine whether the disability, if any, was attributable to or aggravated by Military Service factors. After assessment of the Applicant for the aforesaid disease “Functional Low Back Ache”, the Respondents shall consider the case of the Applicant for grant of Disability Element of Disability Pension for this Disability or otherwise as per the extant rules/policies in this regard within a period of four months thereafter.

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

10. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-