ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

1.

OA No 146/2018 with MA No 150/2018 Army No 14246278A Ex Havildar Chhagan Singh Rajput, S/o Shri Chatar Singh, Resident of village Fadanpura, Post Khirwa, Tehsil Laxmangarhg, District Sikar, Rajasthan …. Applicant Versus

1. UOI, through the Secretary, Ministry of Defence, South Block, Govt of India, New Delhi – 110 011

2. The PCDA (P), Prayagraj, UP – 211 014

3. The OIC Records, Records The Signals, PIN 908 770, c/o 56 APO …. Respondents For Applicant : Mr. RK Chauhan, Vinod Poonia, Advocates For Respondents : Mr. Pradeep Mathur, Advocate CORAM:

HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

21.01.2026 MA No 150/2018

1. The Applicant has filed this MA praying for condonation of delay of“2 years and three months” involved in filing the OA, which will be considered alongwith the OA.

OA No 146/2018

2. Under Section 14 of the Armed Forces Tribunal Act, 2007, the applicant has filed this OA praying for directing the Respondents to set aside the Invaliding Medical Board proceedings as far as attributability/aggravation of disability of the applicant mentioned in the IMB and hold the disability as aggravated by service and further direct the Respondents to grant disability pension to the applicant wef 07/11/1994 onwards for life. He has further prayed for grant of benefit of rounding off of the disability element to 50% from the existing 30% wef 01/1/1996 as also bringing the applicant before a fresh RSMB, if so desired. Any other relief which the Hon’ble Tribunal deem it appropriate in the circumstances of the matter may also please be granted in favour of the applicant.

3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army (Corps of Signals) on 09/9/1982 as SKT and on completion of his basic training, he was posted to various Signal Regiments. While the applicant was posted to Indo-Tibet Border, Himachal Scouts in the year 1986-1988, he developed symptoms of Neurosis, but continued with local treatment in Unit MI Room and at Field Hospital. When the disability got aggravated during the year 1993-1994, he was hospitalized at MH, Ahmedabad from where he was transferred to Command Hospital, Pune. After his treatment there, he was brought before Invaliding Medical Board and was invalided out the applicant from service in medical category EEE (Permanent) and sent him home on 07/11/1994 after an exemplary service of 12 years, one month and 28 days, thereby drastically cutting short entitled service of 24 years. His disability was assessed @30%, but no disability pension was granted to the applicant. On invalidation, the applicant was granted Invalid Pension, ie, minimum pension granted to a Sepoy on completion of 10 years and discharged in low medical category. Although the applicant was holding the rank of a Havildar, but granted only minimum invaliding pension of Rs 1230/- pm wef 07/11/1994, Annexure A/3. Appeal of the applicant for grant of disability pension was rejected by the Govt of India, Ministry of Defence on the ground that his disability is a constitutional disorder unrelated to military service which was considered as neither attributable to nor aggravated by military service and, hence, not eligible for grant of disability pension. In support of his arguments, the applicant has placed reliance on the judgment passed by the Hon’ble Apex Court in the case of UOI &Ors Vs Rajbir Singh, in Civil Appeal No 2904 of 2011, decided on 13/2/2015, in the case of Dharamvir Singh Vs UOI as also UOI Vs Angad Singh Titaria, Civil Appeal No 11208 of 2011, decided on

24/2/2015. Having been aggrieved, the applicant has filed this OA, praying for relief.

4. The Respondents have filed a Reply Statement. While not negating the basic facts, they have submitted that the Applicant was invalided out from service on 07/11/1994 under Rule 13 (3) Item III (iii) by the duly constituted medical board in low medical cate