ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

25.

OA No 432/2022 with MA No 600/2022 No-14672041N Ex Nk Vijay Kumar Rathee, S/o Shri Anoop Singh Rathee, R/o 40, Balaji Vihar, Jhotwara, Jaipur-302012 …. Applicant Versus

1. Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi – 110011

2. The PCDA (P), Allahabad (UP)

3. The OIC Records, EME Records, …. Respondents PIN-900453, C/o 56 APO For Applicant : Mr Yogendra Singh, Advocate For Respondents : Mr Anil Bhardwaj, Advocate CORAM HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR SANJIV MITTAL, MEMBER (A)

O R D E R

10.09.2025 MA No 600/2022

1. MA No 600/2022 has been filed by the Applicant for condonation of delay in filing the OA. Having considered the reasons and grounds stated in the MA, the delay in filing the OA is condoned.

OA No 432/2022

2. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for grant of Disability Element of Disability Pension along with Rounding Off benefits for life wef 01.02.2022 and that the arrears be paid along with interest @ 12% per annum.

3. The brief facts of the case, as enunciated by the Applicant are that the Applicant was enrolled in the Army on 20.08.2004. While in Service, he suffered from the disabilities, viz., (i) “PIVD L4-L5 and L5-S1” and “Diabetes Mellitus Type-II” and was placed in low medical category and on completion of terms of engagement, he was discharged from Service on 31.01.2022, for which he has been granted Service Pension for life. The duly constituted Release Medical Board considered his disabilities, viz., (i) “PIVD L4-L5 and L5- S1” as Attributable to Military Service and “Diabetes Mellitus Type-II” as Neither Attributable to Nor Aggravated by Military Service (NANA) and denied for grant of Disability Element of Disability Pension. The Applicant submits that his Disability Diabetes Mellitus Type-II should have also been considered as Attributable to Military Service as he suffered from the same due to service factors and he should have been granted Disability Element of Disability Pension along with Rounding Off benefits from the date of his discharge from Service. In support of his claim, the Applicant has placed reliance on Hon’ble Supreme Court judgments in the case of Sukhvinder Singh Vs UOI & Ors, (2014) STP 468 SC, Dharamvir Singh Vs UOI & Ors (2013) 7 SCC 316, UOI & Anr Vs Rajbir Singh, JT 2015(2) SC 392 and UOI & Ors Vs Ram Avtar, (2014) SCC Online 1761 and submitted that he is eligible for grant of Disability Element of Disability Pension along with Rounding Off benefits. The Applicant made representation as also issued Legal Notice for the aforesaid prayer, but to no avail.

Therefore, the aggrieved Applicant has filed the present OA.

4. The Respondents filed a detailed reply to the Application and while not disputing the basic facts presented by the Applicant, they have submitted that ID (i) of the Applicant was assessed @ 20% for life and considered as Aggravated by Military Service and ID (ii) was assessed @ 20% for life and considered as NANA with composite disability @ 28% for life. Since, the Applicant had rendered his unwillingness certificate for surgery for ID (i), his disability for ID (i) was reduced to 10% and, hence, net assessment of disability for qualifying for Disability Pension was assessed @ 10% for life by the duly constituted Release Medical Board. The Applicant was not invalided out of military service but was discharged from Service on completion of terms of engagement. Since the final disability of the Applicant was below 20%, he was not granted Disability Pension in terms of Rule 173 of Pension Regulations for the Army, 1961 (Part-1) and Rule 81 of Pension Regulations for the Army, 2008 (Part-1). The Applicant was communicated about rejection of his disability pension claim with an advice to prefer an appeal if he was not satisfied with the rejection of the claim, however, he did not prefer any appe