##PAGE1##

1

ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

28.

OA No 400/2023 with MA No 640/2023

No-14316271W Ex Gnr Hanumana Ram Jat, S/o Shri Ram

Jat, R/o VPO-Bidiyad, Teh-Makrana, Distt-Nagaur (Raj) ….Applicant

Versus

1. Union of Indiathrough its Secretary,Govt of India, Ministry

of Defence, New Delhi - 110011

2. The PCDA (P), Draupadi Ghat, Allahabad (UP) – 211014

3. The OIC (Records), The Artillery Records …. Respondents

PIN-908802, C/o 56 APO

For Applicant : Mr. Tansukh Rai, Advocate

For Respondents : Mr.Pyare Lal, Advocate

Maj Vishi Singh, OIC Legal Cell

CORAM:

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

HON’BLE MR. SANJIV MITTAL, MEMBER (A)

O R D E R

29.01.2026

1. By way of this Application under Section 14 of the Armed Forces Tribunal

Act 2007, the Applicant has prayed for directing the Respondents to grant

Disability Pension from the date of his discharge from service along with

Rounding Off benefits wef 01.01.1996 and that the arrears be paid along with

interest @ 18% per annum and cost of litigation. Further, the Respondents may

be directed to call the Applicant for Re-Assessment Medical Board.

2. Perusal of records reveals that the Applicant was invalided out of service

on medical grounds due to Disability “Neurosis (Conversion Reaction)” after

rendering 6 years and 11 months of service. The duly constituted Invaliding

Medical Board assessed the disability @ 30% for two years and considered it as

Aggravated by Military Service. The case was processed with PCDA (P) for grant

of Disability Pension.However, the MA (P) at PCDA (P) considered the disability

as Neither Attributable to Nor Aggravated by Military Service (NANA) and

rejected Disability Pension Claim of the Applicant and, accordingly, the Applicant

OA No 400/2023 Ex Gnr Hanumana Ram Jat Vs UOI & Ors

2

was granted Invalid Gratuity instead of Disability Pension. 1^st Appeal preferred

by the Applicant against rejection of Disability Pension was also rejected by the

Competent Authority. In the light of Hon’ble Supreme Court judgment in the

case of Secy MoD & Ors Vs Damodaran AV (dead) through LRs & Ors, reported

in (2009) 9 SCC 140 (2009) 9 SCC 140, which held that the opinion given by the

medical board shall be given weightage and primacy in the manner for

ascertainment as to whether or not the injuries/illness sustained was due to or

was aggravated by the military service which contributed to invalidation from the

military service being an expert medical body. In the present case, the disability

of the Applicant was arbitrarily considered as NANA without giving any specific

reasons and without physically and medically examining the Applicant by MA (P)

at PCDA (P).

3. During the course of arguments, Learned Counsel for the Respondents

placed on record copies of AG’s Branch, AG/PS-4(B) letter No 39022/24/AG/PS-

4(B) dt 09.06.2025, Directorate General of Artillery (Arty-10) letter No

A/10150/Legal/Policy/Arty-10B dt 16.06.2025 and Artillery Records letter No

1693/LC/11/NE-5(C) dt 04.07.2025 and submitted that some cases have been

shortlisted wherein the cases have been processed for filing of Writ Petition

before Hon’ble High Courts and the same are being re-examined for suo-moto

acceptance by the Competent Authority for issue of Govt sanctions/directions.

In the present case, the Applicant’s disability was considered as Aggravated by

Military Service but the same was altered by MA (P) at PCDA (P). Therefore, the

present case falls under Appendix B of Artillery Records letter dt 04.07.2025.

4. In view of the fact that the Govt is considering the suo-motu acceptance

of similar cases, we remand the case back to the Respondents with directions to

consider the case of the Applicant afresh in the light of principles of

aforementioned letters within a period of four months from the date of receipt of

a certified copy of this Order. The outcome thereof shall be intimated to the

Applicant.

OA No 400/2023 Ex Gnr Hanumana Ram Jat Vs UOI & Ors

3

5. The OA is disposed off accordingly. Pending Miscellaneous Appli