Mangla Ram vs Union of India on 26 October 2026

ORDER

JUSTICE SUDHIR MITTAL, MEMBER (J)

The applicant was enrolled in the Army on 20.12.1963. He was diagnosed with disability of ‘Hysteriamotor (Tremors) which led to his invalidment on medical grounds on 30.11.1965. The disability was assessed as attributable to military service. Accordingly, the applicant was granted disability pension with effect from 01.12.1965.

2. It appears that Re-survey Medical Board (RSMB) was conducted sometime in the year 1970 which assessed the extent of disability to be 11- 14%. The extent being less than 20%, payment of disability pension was discontinued with effect from 27.06.1970.

3. Vide petition dated 01.02.2018, the applicant requested for restoration of the disability pension and for conduct of RSMB. The same was rejected vide order dated 07.03.2018 because request had been made after more than five years.

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4. Vide letter dated 03.05.2022, the applicant sought information under Right to Information Act, 2005 (hereinafter referred to as RTI Act). Inter alia the information sought was with respect to Policy letter dated 10.02.2014. No reply seems to have been received to the application which led the applicant to file an appeal dated 18.07.2022 ( Annexure A-5). Despite the same, the applicant did not get any relief. Thus, the present Original Application was filed.

5. Learned counsel for the applicant has submitted that a copy of Policy letter dated 10.02.2014 is placed on file as Annexure A-6. The said Policy provides for payment of service element to a soldier whose disability pension has been dis-continued because the extent of disability has fallen below 20% irrespective of his length of service. The said Policy covers pre 01.01.1973 invalidees. Thus, the applicant deserves relief.

6. Learned counsel for the respondent has submitted that the Original Application has been filed belatedly. The record pertaining to the applicant has been destroyed. However, it is submitted that disability pension was discontinued because the extent of disability fell below 20%. Applicability of Policy dated 10.02.2014 is however, admitted.

7. In view of the admission made by the respondents and contents of the Policy dated 10.02.2014, the applicant is entitled to grant of service element with effect from 01.01.1973. To this extent, the Original Application is allowed. The respondents are directed to grant the applicant service element w.e.f. 01.01.1973. Corrigendum Pension Payment Order be issued within three months from the date of receipt of certified copy of this order by learned counsel for the respondents/OIC, Legal Cell. Arrears be also

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released within the same period failing which they shall become payable with interest @ 6% per annum.

(Lt Gen (Dr) Ranbir Singh)

(Justice Sudhir Mittal) Member (A)

Member (J)

26thOct, 2026 DK

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REPORTABLE OR NOT