ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR (CIRCUIT BENCH, JODHPUR)

(Through Video Conferencing)

S/1.

OA 384/2021 with MA 82/2019 Army No 1539715L Ex Hav Atma Ram, S/o Shri Ganesh Dass, Resident of Village and Post Nimbari, Tehsil Parbatsar, District Nagaur, Rajasthan …. Applicant Versus

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

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

3. The OIC Record, Bombay Engineer Group, Kirkee, Pune – 411 003 …. Respondents For Applicant : Mr. Tansukh Rai, Advocate For Respondents : Mr. Yuvraj Singh, Advocate CORAM:

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

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

23/01/2026 MA No 82/2019

1. The Applicant has filed this MA praying for condonation of delay of 23 years and nine months involved in filing the OA, which will be considered alongwith the OA.

OA No 384/2021

2. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying for directing the Respondents to grant disability element wef 28/2/1975 alongwith benefit of rounding off of the same to 50% wef 01/1/1996 for life with all consequential benefits with interest @18% for the purpose of computing the same. Later, counsel for the applicant has filed the amended prayer clause for grant of disability element of disability pension wef 17/5/1995 alongwith rounding off benefits to 50% wef 01/1/1996.

3. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 27/1/1970 and was invalided from service on 29/3/1989 under Rule 13 (3) Item III (iii), before completion of his terms of engagement. Since the applicant suffered the disability, “Pulmonary Tuberculosis” while in service, the invaliding medical board held at the time of his invalidment assessed the disability @100% for two years. Based on the IMB and the subsequent RSMBs, the applicant was granted disability pension wef 30/5/1989 to 16/5/1995. Further RSMB held on 06/6/1995 assessed the disability of the applicant @ 20% for two years, but the PCDA (P) had arbitrarily reduced the percentage of disability to be less than 20% and discontinued the disability pension wef 17/5/1995. Further RSMB assessed the disability of the applicant @ less than 20%, ie, 15-19% for life, Annexure A/3. In support of h is arguments, the applicant has placed reliance on the Judgment passed by the Hon’ble Apex Court in the case of Sukhvinder Singh Vs UOI &Ors, Civil Appeal No 5605/2010. Having been aggrieved, the applicant has filed this OA, praying for grant of relief with effect from the date it was discontinued.

4. During the course of hearing held on 19/1/2026, Counsel for the applicant has placed on record a copy of RSMB proceedings of the applicant held on 20/6/1995, which was obtained by the applicant through the RTI Application, and submitted that the disability of the applicant was assessed @70% Permanent wef 10/9/1994 and, hence, the applicant is clearly eligible for grant of disability element of disability pension for life.

5. The Respondents have filed a Reply Statement. While not disputing the basic facts, the Respondents have submitted that the applicant was Invalided out from Service wef 28/2/1989 under Rule 13 (3) item III (iii) of Army Rules 1954 in low medical category, ‘EEE’, as a case of Pulmonary Tuberculosis. He was granted service pension for life, which was revised from time to time. The IMB assessed the disability of the applicant @100% for two years and considered it as attributable to military service. Based on the IMB and subsequent RSMBs, the applicant was granted disability element of disability pension wef 30/3/1989 till 16/5/1995. While the RSMB held on 06/6/1995 assessed the disability of the Applicant @20% for two years, the PCDA (P) rejected the claim of the applicant, by re-assessing the disability @ less than 20% for ten years wef 17/5/1995 to 16/5/2005 and discontinued the same wef 17/5/1995. Further RSMB held on 28/8/20