[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
No-3005583A Ex-Nk Achal Das vs Union Of India (2026:Rj-Jd:16451-Db) on 8 April, 2026
[2026:RJ-JD:16451-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 20079/2025
No-3005583A Ex-Nk Achal Das S/o Shri Babu Das, Aged About
40 Years, Resident of Vill- Gopalsar (Bhakari-Ka-Bas), Post-
Gopalsar, Teh- Shergarh, Distt- Jodhpur (Raj.)-342023.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Government Of
India, Ministry Of Defence, New Delhi-110011.
2. The Principle Controller Of Defence Accounts (Pension),
Draupadhi Ghat, Allahabad (Up)-211014.
3. Records Of Rajput Regiment, Pin-900427, C/o-56 Apo.
----Respondents
For Petitioner(s) : Mr. Dharmpal Singh Dhaka.
For Respondent(s) : Mr. Hansraj Rawal.
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
08/04/2026
1. The challenge in present writ petition is to order passed by
learned Armed Forces Tribunal, Regional Bench, Jaipur, Circuit
Bench at Jodhpur (for short, "AFT") dated 22.03.2024 whereby,
prayer made by petitioner for directing Respondents for grant of
disability element of disability pension @40% along with rounding
off benefits to 50% for life was denied.
2. Admittedly, petitioner was discharged from service on
31.07.2020 after rendering 17 years, 7 months and 12 days of
service. At the time of discharge, Release Medical Board assessed
his disability "Unspecified Non Organic Psychosis" @40% for life
(Uploaded on 15/04/2026 at 01:34:49 PM)
[2026:RJ-JD:16451-DB] (2 of 4) [CW-20079/2025]
however, considered it as Neither Attributable to Nor Aggravated
by Military Service ("NANA"). Petitioner has been granted service
pension for life, however, disability element of disability pension
along with rounding off benefits has not been granted on the
ground that said disability was considered as NANA.
3. Learned AFT while taking into consideration the judgment
passed by Hon'ble Supreme Court in case of Ex Cfn Narsingh
Yadav Vs. Union of India in Civil Appeal No.7672/2019
(Diary No.27850 of 2017), has held that mental disorders
which lie outside the realm of being medically detected during the
enrolment process cannot be claimed to be attributable to rigours
of service at a later stage. Therefore, petitioner's disease,
"Unspecified Non Organic Psychosis" clearly falls outside the
purview of attributability / aggravation to military service, thus
making him ineligible for disability pension.
4. Hon'ble Apex Court in Bijender Singh v. Union of India,
2025 SCC OnLine SC 895 after considering the law as laid down,
from time to time in previous judgments, including that of
Dharamvir Singh Vs. Union of India: (2013) 7 SCC 316,
Union of India Vs. Rajbir Singh: (2015) 12 SCC 264 and
K.J.S. Buttar Vs. Union of India (2011) 11 SCC 429 as well as
Rule 183 of Pension Regulations for the Army Part I (1961),held as
under:
"45.1. Thus, this Court held that essence of the Rules is
that a member of the armed forces is presumed to be
in sound physical and mental condition at the time of
his entry into the service if there is no note or record
to the contrary made at the time of such entry. In the
(Uploaded on 15/04/2026 at 01:34:49 PM)
[2026:RJ-JD:16451-DB] (3 of 4) [CW-20079/2025]
event of subsequent discharge from service on medical
ground, any deterioration in health would be presumed
to be due to military service. The burden would be on
the employer to rebut the presumption that the
disability suffered by the member was neither
attributable to nor aggravated by military service. If
the Medical Board is of the opinion that the disease suffered
by the member could not have been detected at the time of
entry into service, the Medical Board has to give reasons for
saying so. This Court highlighted that the provision for
payment of disability pension is a beneficial one which ought
to be interpreted liberally. A soldier cannot be asked to prove
that the disease was contracted by him on account of military
service or was aggravated by the same. The very fact that
upon proper physical and other tests, the member was found
fit to serve in the army would give rise to a presumption that
he was disease free at the time of his entry into service. For
the employer to say that such a disease was neither
attributable to nor aggravated by military service, the least
that is required to be done is to furnish reasons for taking
such a view."
5. It has also taken into consideration instructions dated
31.01.2001 which provided that if the disability is less than 50%,it
would be reckoned as 50%, between 50% to 75%, it would be
reckoned as 75% and if disability is between 76% to 100%, it
would be reckoned as 100%.
6. Thus, where a disease is detected and respondents contend
that it is neither attributable to nor aggravated by military service,
the burden of proof lies with employer to show that disease
existed prior to member's enrollment in armed forces. However, if
no record or note of such a pre-existing condition was made at
time of entry into service, presumption favors the member,
(Uploaded on 15/04/2026 at 01:34:49 PM)
[2026:RJ-JD:16451-DB] (4 of 4) [CW-20079/2025]
holding that disability is attributable to or aggravated by military
service.
7. From a perusal of Medical Board proceedings of petitioner,
there is no mention that disease existed prior to petitioner's entry
into service. Moreover, medical report specifically records that
disability initially originated in 2006 and subsequently developed
in 2019, when petitioner was in peace area at Jodhpur, during the
course of his service tenure. Therefore, disability which has arisen
during the course of service would be treated to attributable and
aggravated due to Army service and he would be entitled to
disability pension as medical authority had assessed the disability
@ 40%.
8. In view of above, we have no hesitation in allowing the
present petition and set aside the order dated 22.03.2024 passed
by the AFT. Further, it is directed to respondents to release actual
benefits to the petitioner, treating the disability as 50% for
computing disability element and release disability pension to
petitioner from the date of filing of application before AFT and
actual benefits and arrears shall be calculated accordingly.
However, for the earlier period only notional calculation shall be
done. The compliance shall be made positively within a period of
three months.
9. Accordingly, present writ petition is, hereby, allowed.
(SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),ACJ
22-sumer/vallabhi/-
(Uploaded on 15/04/2026 at 01:34:49 PM)
Powered by TCPDF (www.tcpdf.org)
