Hav (LA) Daulat Ram vs UOI & Others on 16 September 2025

**O R D E R**

**16.09.2025**

**यतो न्यस्त जयः**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant premature discharge to the Applicant and issue Release Order for his volunteer discharge form the Army with immediate effect with payment of all consequential service and post retirement benefits. As an Interim Relief, the applicant has prayed for directing the Respondents not to transfer and disturb the services of the applicant and retain the applicant in 

Military Hospital, Jaipur, till passing of release order for his volunteer discharge from service.

2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 19/3/2005 and had rendered 19 years, 10 months and 20 days of service till date. From December 2022 till the date, the applicant is posted at Military Hospital, Jaipur. He was selected to undergo Bachelor of Paramedical Technology (BPMT). The applicant applied for premature discharge from service vide his application dated 07/11/2020, but the same was rejected vide letter dated 02/12/2020 of the competent authority on the grounds of restrictions imposed by the Army HQ. The applicant had again submitted an application dated 17/11/2021 for premature discharge from service, which was also turned down by the Respondents, stating that restriction has been imposed by Army HQ for grant of PMR for next two years till 31/3/2023. When the applicant submitted yet another application after expiry of two years of rejection of his last application, it rejected vide letter dated 01/5/2023 on the grounds that the applicant had undergone BSc in PMT (Lab Tech) Course and had signed an undertaking certificate regarding not applying for PMR within 10 years from the date of completion of the said course. In this regard, the applicant submits that he had never given such an Undertaking and to strengthen this plea he has further stated that he was informed under RTI that his Undertaking Certificate is neither held with the office or by the AFMC. As such the period of ten years does not apply on the applicant, but the Respondents are asking undertaking certificate from the applicant, Annexure A/6. Further, the applicant sustained injury during BPET for the quarter ending March 2024 and, hence, he was placed in low medical category for the disability, "Juvenile Osteochondrosis of Patella and Chondromalacia Patellae (Left)". Due to this disability, the applicant is unable to perform his duties and getting too much difficulties for long standing routine duties. Besides this, the applicant has to look after his aged parents, who require constant attention and treatment. Under the circumstances, the applicant is eligible to seek volunteer discharge from service, but his request was not acceded to by the Respondents in a mechanical way. In support of his arguments, the applicant submits that he has a right to resign from the service and the Respondents cannot be allowed to reject this plea without any justifiable explanation as held by the Hon'ble Apex Court in the case of Central Inland Water Transport Corporation Vs Brojo Nath Ganguly (1986) 3 SCC 156, that entering into a contract of employment of a person does not sign a bond of slavery and a permanent employee cannot be deprived of his right to resign. Besides placing reliance of Orders passed by coordinate Benches of the Armed Forces Tribunal, the applicant has also placed on record a copy of the Order dated 05/12/2024 passed by the Principal Bench of the Armed Forces Tribunal in OA No 374/2021 in the case of Havildar Anand Kumar Goswami Vs UOI & Ors, wherein it was held that, "we find no reason to not take a compassionate view of the difficulties of the applicant, wherein his continued absence could jeopardise the life of his mother and, hence, the Bench directed the Respondents to discharge the applicant therein after completion of all the pre-retirement formalities within a period of four months". The applicant has also placed on record a copy of a newspaper clipping that appeared in an English Daily, about the relief granted by the Lucknow Bench of the Armed Forces Tribunal to an applicant for premature discharge from service, which was rejected by the Respondents on the ground that the applicant therein was bound by the contract he had signed at the time of his enrolment. Having been aggrieved by the repeated rejection of his request for premature discharge, the applicant has filed this OA, praying for his early discharge from service due to his personal and domestic compulsions.

3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 19/3/2005 and is currently posted at Military Hospital, Jaipur, since 15/11/2022. As of now, he is due for discharge from service on 31/3/2029 on culmination of his normal service limit. He has been downgraded to low medical category Permanent for the disabilities, "Osteochondral Lesion Lateral Tibial Plateau (Lt) and Chondromalacia Patella (Lt)", as per the medical board held at MH Jaipur on 22/4/2024. Further, in terms of Section 13 and 14 of Army Act 1950, the applicant got enrolled voluntarily in the Army Medical Corps, having understood all the constraints of service conditions and signed a contract for 20 years of colour service and three years of reserve liabilities as per terms of engagement contained in the enrolment form, which is the legal contract between the individual and the State. Further, the applicant willingly accepted promotions upto the higher rank of Havildar and in terms of existing policy in vogue, his terms of engagement has further been revised to 24 years of service with colours extendable by two years by screening or 49 years of age, whichever is earlier, in terms of Govt of India, Ministry of Defence letter dated 03/9/1998, Annexure R/1. Due to the adverse impact of the Covid-19 Pandemic on recruitment in the Indian Army, the Army HQ has also imposed certain restrictions on consideration of premature retirement requests which is still in force. The Respondents further submit that while posted at 457 Field Hospital, the applicant was detailed to undergo BSc in PMT (Lab Tech) Course with effect from 01/7/2014 to 30/6/2017 and in accordance with the policy on the subject, ie, Paragraph 167 of Army Medical Corps Record Office Instructions, an undertaking is required to be obtained from the individual before despatch to the training institute and in the said undertaking, it is clearly enumerated that, *"this course offers educational enhancement. I undertake to continue to serve in the Army and not to apply for premature retirement within 10 years from the date of completion of the course"*.

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

5. Perusal of record reveals that the applicant is a Havildar currently posted at Military Hospital, Jaipur as Laboratory Assistant wef 15/11/2022. He had undergone a three year BSc in PMT (Lab Tech) course. As per the copy of Posting Order dated 08/9/2025 issued by the Army Medical Corps Record Office, the applicant has been transferred to Command Hospital, Lucknow and he has to move by 18/10/2025.

6. During the course of hearing held on previous occasions as also on the final hearing held on 16/9/2025, counsel for the applicant vehemently denied the applicant having signed any Bond or Undertaking prior to or during the course of his diploma BSc in PMT (Lab Tech) Course. Apart from the counsel for the applicant, the applicant also appeared in person before this Bench and submitted that he had not submitted any Undertaking/Bond for this Course, which debars him from applying for granting him premature release from the Army. Contra to this, Senior Panel Counsel appearing for the Respondents also forcefully contested that submission of an Undertaking to not apply for premature release from service within ten years from the date of completion of the course is mandatory and without this an individual is not to be detailed to attend this course. However, to a specific direction issued by this Tribunal vide Order dated 12/9/2025 with regard to the consent of the applicant for his not applying and/or it being a mandatory condition for seeking premature retirement from service, for a period of ten years from the date of completion of the relevant course, the Respondents have not placed on record such an Undertaking/Bond duly signed by the applicant, except reiterating that submission of an undertaking is mandatory as has been stated in their Reply Statement.

7. Having heard the counsels for the parties, the applicant in person and perusal of the material placed on record, we are of the view that the prayer of the applicant for his premature discharge from service merits some consideration in view of his low medical category status, his domestic compulsions and the fact that the Respondents have defaulted in not ensuring that the requisite undertaking is obtained from the applicant before detailing him for the said BSc in PMT (Lab Tech) Course which was held from 01/7/2014 to 30/6/2017.

यतो न्यायः ततो जयः

8. Resultantly we deem it appropriate to remit the case back to the Respondents to reconsider the case of the applicant for his premature discharge from service, the application for which was submitted by him twice in the past, but was rejected. We expect the Respondents to take a final decision in this regard to discharge the applicant at his own request within a period of three months from the date of receipt of a copy of this Order.

OA 64 of 2025 of Havildar (LA) Daulat Ram

- 9. The OA is disposed off accordingly. No order on costs.

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


**(SANJIV MITTAL)** **MEMBER (A)**


सत्यमेव जयते


**(GOVERDHAN BARDHAR)** **MEMBER (J)**

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