Armed Forces Tribunal
Hav (NA) Surendra Kumar Jakhar vs UOI & Others on 13 November 2025
OA No 314/2025 Hav (NA) Surendra Kumar Jakhar Vs UOI & Ors ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
S/1.
OA No 314/2025
No-15431621A Hav (NA) Surendra Kumar Jakhar, S/o Shri Jaggu Ram Jakhar, R/o Village-Napawali, Tehsil-Neem Ka Thana, Distt-Sikar (Raj), presently Posted at Military Hospital, Jaipur
…. Applicant
Versus
1.
Union of India, through Secretary, Ministry of Defence, Govt of India, DHQ Post, New Delhi – 110011
2.
The Chief of Army Staff, South Block,
DHQ PO, New Delhi – 110001
3.
Commandant, Military Hospital, Jaipur
PIN-302012, C/o 56 APO
4.
AMC Records Office, Lucknow
PIN-226002, C/o 56 APO
5.
Directorate General of Medical Service (DGMS), AG’s Branch, IHQ of MoD (Army), Defence Office Complex, 3rd Floor, A Block, KG Marg, New Delhi-110001
…. Respondents
For Applicant
: Ms. Anjali Minocha, Advocate
For Respondents
: Mr.Abhishek Singh, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
13.04.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for directing the Respondents to grant premature discharge to the Applicant with immediate effect with payment of all consequential post-retiral benefits.
2. The brief facts as enunciated by the Applicant are that the Applicant was enrolled in the Army on 27.03.2010 and is presently posted at Military Hospital, Jaipur. The Applicant has been placed in permanent low medical category due to disabilities, viz., (i) Fracture Discoloration of joint (Rt) (Optd), (ii) Radius (Optd), (iii) Fracture Medial Malleolus (Rt) (Optd) and (iv) Gullain Barre Syndrome (Cervical Pharyngel Brachial Variant). Since the Applicant was unable to perform his duties satisfactorily and has completed pensionable
OA No 314/2025 Hav (NA) Surendra Kumar Jakhar Vs UOI & Ors service, he applied for premature discharge, but the Respondents did not consider the facts mentioned in the Application and did not allow the Applicant to be discharged on premature retirement. Therefore, the aggrieved Applicant has filed present OA for directing the Respondents to consider the Applicant for discharge from service on extreme compassionate grounds.
3. During the course of arguments, Learned Counsel for the Applicant submitted that during the pendency of the present OA, the Applicant has also been afflicted with cancer. In support of his statement, Learned Counsel for the Applicant placed on record Provisional Discharge Summary from Department of Surgical Oncology, Mahatma Gandhi Medical College & Hospital, Jaipur and reiterated that the health of the Applicant is deteriorating and he is unable to perform his day to day routine work. He had prayed that the Applicant’s case for premature discharge from service may be considered sympathetically.
4. Keeping in view the fact that the Applicant is now suffering from cancer alsoin addition to other disabilities hampering him in performance of his duties and this disease was not considered by the Respondents while deciding his Application, as it was a later development, for grant of premature discharge from service, we direct that in case the Applicant makes a fresh representation to the Respondents within a period of four weeks along with all relevant details of all his disabilities, the Respondents shall reconsider the case of the Applicant sympathetically within a period of eight weeks thereafter. The outcome thereof shall be intimated to the Applicant.
5. The OA is disposed off accordingly. Pending Miscellaneous Application(s), if any, also disposed off.
6. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-