Ex Hav Sumer Singh Bhati vs UOI & Others on 17 November 2025

ORDER

17.11,2025 The applicant has filed this MA praying for condonation of delay of more than 7 yea1s involved in filing the OA. Taking into consideration the reasons advanced therein, the MA is allowed and delay is condoned. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed chis OA praying for directing the Respondent to conduct a fresh RAMB of the Applicant.

Brief facts of the case as enunciated by the Applicant are that the Applicant was enrolled in the Army on 16/2/1982 in medical category SHAPE-1 and was discharged from service on 31/7/2001 under Rule 13 (3) Item III (iv) on compassionate grounds at his own request before fulfilling the conditions of his enrolment in low medical category, S1H1A1P2E1 for the disability, "Bronchial Asthma". He had rendered 19 years, five months and 13 days of service. While he was granted service pension for the qualifying service, he was not granted disability element of disability pension, although the dËsability of the applicant was considered as aggravated by military service and was assessed @20% for two years by the RMB. Under the circumstances, the applicant has filed this OA praying for subjecting the Applicant for a fresh RSMB and grant disability element of disability pension for life.

The Respondents have filed a Reply Statement on 14/11/2025, which is taken on record. While not disputing the basic facts, the Respondents have stated that the applicant was discharged from service at his OWn request on compassionate grounds before fulfilling the conditions of his enrolment on 31/7/2001 under Rule 13 (3) II (0v) of Army Rules 1954. He had rendered 19 years, five months and 13 days of service and was granted service pension for the qualifying service. The duly constituted RMB assessed the disabjlity of the applicant, "Bronchial Asthma", @20% for two years and considered it as aggravated by military service. Respondents further submit that the applicant is not eligible for grant of disability element of disability pension as he was discharqed from service at his own request nor had he filed Appeal against non sanctioning of disability element of disability pension.

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

6. It is evident from the Reply Statement and the material placed on record that the applicant was discharged from service wef 31/7/2001 on his own request on compassionate grounds before fulfilling the conditions of his enrolment on 31/7/2001 under Rule 13 (3) III (iv) of Army Rules 1954. He had rendered 19 years, five months and 13 days of service and was graned service pension for the qualifying service. The duly constituted RMB assessed the disability of the applicant, "Bronchial Asthma", @20% for two years and considered it as aggravated by military service. The applicant was not granted disability element of disability pension on the ground of his having been discharged from service on his own volition, However, in view of the disability assessed @20% for two years and aggravated by military service, we are of the opinion that the applicant is eligible for grant of disability element of disability pension @20% for two years as assessed by the duly constituted RMB alongwith rounding off benefits in accordance with extant regulations/policies.

7. Resultantly, the OA is partially allowed and the Respondents are directed to grant Disability Element of Disability Pension @20% duly rounded off to 50% to the applicant for two years wef the date of his discharge from service. The arrears shall be granted to the Applicant within a period of six months from the date of receipt of a copy of this Order. In default thereof, the applicant shall be entitled to receive interest @6% pa till the actual date of its payment.

8. Also, since the disability of the applicant was assessed @20% for two years and it was considered as Aggravated by Military Service and no further to assess the degree of percentage of the disability of the applicant was done, we are of the opinion that the applicant needs to be brought before a one time RAMB to assess the present medical condition and the degree of disability of the applicant and its duration. Re-assessment

9. We, therefore, direct the Respondents to constitute a onetime Re aSsessment Medical Board (RAMB) at the designated Military Hospital Tor uie examination of the Applicant towards the aforesaid purpose within eight months Trom the date of receipt of a certified copy of this Order and to jnform the Applicant the date and venue for his presence. The RAMB will give its opinion on tne present medical condition of the Applicant for the said Disability, "Bronchial Asthma, 493 V-67" only with which he was discharged from service and assess the degree of Disability and the probable duration of the degree of djsablement alongwith any other observation relevant to the case. The copy of RAMB proceedings shall be placed before the Competent Authority for their Consideration in accordance with extant rules and regulations. Before departing, we make it clear that in case based on the opinion of the RAMB 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 as also the fact that the OA was filed after a delay of more than seven years.

10. The OA is disposed off accordingly. No order on costs.

11. Pending application, if any, also stands disposed off. (SANJIV MITTAL) MEMBER (A) Cda/ (GOVERDHAN BARDHAR) MEMBER (J)