[2026:RJ-JP:2915-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 18495/2024 Ex Hav Birju Ram Saini S/o Shri Ram Lal Saini, R/o Village And Post Ponk, Tehsil Udaipur Wati, District Jhunjhunu Rajasthan ----Petitioner Versus

1. Uoi, Through The Secretary, Ministry Of Defense, South Block, Govt. Of India, New Delhi-110 011

2. The Pcda (P), Prayagraj, Up-211014

3. The Oic Records, Army Air Defense Records, Pin 908 803, C/o 56 Apo ----Respondents For Petitioner(s) : Ms. Anjali Minocha For Respondent(s) : Mr. Prashant Chaturvedi with Ms. Nandini Chaturvedi Ms. Rakshita Chaturvedi HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA

Order

22/01/2026

1. This writ petition has been filed by the petitioner challenging the order dated 30.08.2024 passed by the Armed Forces Tribunal, Regional Bench, Jaipur (hereinafter to be referred as ‘the learned Tribunal’), whereby the original application filed on behalf of the applicant was dismissed.

2. The brief facts of the case, as noted by the learned Tribunal, are as under:-

“2. The applicant was enrolled in the Army on 13.07.1999 in the Air Defence Regiment in the trade of OPR and after his basic military training, he was posted to 129 Air Defence Regiment and thereafter served in various locations, including Jammu and Kashmir and had also participated in Operation PARAKRAM. During his 10 days Casual Leave from 20.12.2011 to 29.12.2011, while the applicant was going by, his Motor Cycle for his return journey train reservation to his nearest railway station, Neemka Thana, on 25.12.2011, he slipped and his motor cycle fell on his right leg and thus sustained fracture patella (Right) and was treated at Base Hospital, Delhi cant. He was placed in low medical category and was discharged from service on 31.1.2016 through release medical board instead of invaliding medical board with exemplary conduct during his service of 16 years, 6 months and 19 days, without issuing a show cause notice. He was granted service pension, but not granted disability element of pension sustained by him during his service in the performance of duty. In support of his claim, the applicant has placed reliance on the judgment dated 08.3.2016 passed by the Principal Bench of the Armed Forces Tribunal in the case of Ex Sgt AK Verma Vs UOI & Ors and, hence, submits that he is also eligible for grant of disability pension. He has also placed reliance on the orders passed by various Benches of the Armed Forces Tribunal in similar cases. Having been aggrieved, the applicant has filed this OA praying for relief.

3. The Respondents have filed a Reply Statement and stated that the applicant was enrolled in the Army on 13.7.99 and on culmination of the basic military training, he was permanently posted to 129 Air Defence Regiment on 22.5.2001. He also did his stint with the RR Bn in Jammu and Kashmir on ERE. While serving with 129 Air Defence Regiment, the applicant was granted 10 days casual leave from 20.12.2011 to 29.12.2011. During the leave, on 25.12.2011, the applicant got injured at his right knee due to falling of his motor cycle on his right leg. The applicant reported sick and admitted in Base Hospital, Delhi Cantt on 27.12.2011 and diagnosed as a case of “Fracture Patella (Rt)” and was discharged from hospital on 29.12.2011 alongwith four weeks’ sick leave. On review by the Classified Specialist, Orthopaedic, the applicant was recommended to be placed in low medical category and on subsequent review, the remained in low medical category wef 07.2.2012. A Court of Inquiry held on 09.3.2012 to investigate the circumstances under which the applicant has sustained injury opined that the injury sustained by the applicant was not attributable to military service in peace area. Based on his willingness to continue in service, the Commanding Officer of the Unit, despite his medical restrictions, retained the applicant in service in public interest wef 25.6.2013. The disability of th