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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

17.

OA 766/2018 with MA 872/2018

Army No 3192989 Ex Rect Ramdev Singh Dudi, S/o Shri Bhanwar Lal

Dudi, Resident of Village Sitsar, Post Chichiwala, Tehsil Ratangarh,

District Churu, Rajasthan – 231 506

…. Applicant

Versus

1. UOI, throug the Defence Secretary, Ministry of Defence, New Delhi

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

3. The OIC Records, Jat Regiment, PIN 900 496, c/o 56 APO

…. Respondents

For Applicant : None Present

For Respondents : Mr. Brij Bihari Sharma, Advocate

CORAM:

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

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

28.01.2026

MA No 872/2028

1. The Applicant has filed this MA praying for condonation of delay of more

than 18 years in filing the OA, which will be considered alongwith the OA.

OA No 766/2018

2. None appeared on behalf of the Applicant.

3. When the matter was taken up for hearing on previous occasions on

10/9/2024 and on 16/7/2025, none appeared on behalf of the Applicant. Today

also, none appeared on behalf of the Applicant. Consistent non appearance of the

counsel for the applicant/applicant himself in this matter on previous occasions as

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also today explicitly shows that neither the applicant nor his designated counsel

is serious about pursuing this Application.

4. Nonetheless, the matter at hand has been examined. Perusal of record

reveals that the applicant has filed this OA praying for grant of disability pension

to the applicant alongwith rounding off benefits to 50% wef the date of his

discharge, ie, 17/7/1999 for life. Vide Reply Statement, the Respondents have

stated that the applicant was enrolled in the Army on 09/4/1999 and was invalided

out from service wef 14/8/1999 due to the disability, “Cubitus valgus”. He had

rendered only 128 days service in the Army.The invaliding medical board assessed

the disability of the applicant @NIL Permanent and considered it as neither

attributable to nor aggravated by military service as also not connected with

service. It has also been noted in the medical board proceedings that the origin of

disability occurred before joining the Army, which establishes that it was a pre-

existing disease, which might have escaped attention at the time of recruitment

process. The disability, “Cubitus valgus” is a deformity in which the forearm is

angled out away from the body when the arm is fully extended.

5. In view of the foregoing and since the applicant had rendered a mere 128

days service in the Army and was invalided out from service during the basic

military training itself due to a pre existing physical deformity, which would have

severely restricted the soldier’s capacity to withstand the rigours of army service,

we do not find any merit in the plea of the applicant for grant of disability pension.

Also, we do not find any illegality or infirmity in the action taken by the

Respondents in invaliding the applicant from service at his formative basic military

training itself owing to a pre-existing physical deformity, warranting our

interference.

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6. We also find that the Application stands barred by inordinate delay and

laches of more than 18 years with no cogent reason for the inexplicable delay and

it does not deserve to be entertained on this count too. For this reason, the

Application is totally misconceived and is barred by the doctrine of laches and

inordinate delay, in the light of the principles laid down by Hon’ble Apex Court in

the case of C. Jacob Vs. Director of Geology and Mining &Anr., reported in (2008)

10 SCC 115, wherein it was held that a stale claim cannot be revived. The case is

also squarely covered by the judgment of the Hon’ble Apex Court in the case of

UOI Vs Rajwanti, in Civil Appeal No 583-584 of 2017, decided on 16/1/2017.

7. In-fine, we find that the Application lacks strength on all counts and, hence,

is dismissed.

8. Pending application, if any, also stands disposed off.

(SANJIV MITTAL) (GOVERDHAN BARDHAR)

MEMBER (A) MEMBER (J)

cda/-