The Armed Forces Tribunal, Regional Bench, Lucknow has held that where a Release Medical Board assesses an Armed Forces personnel’s disability at 20% for life and attributable to service, the disability percentage cannot be reduced to 10% merely because the individual is unwilling to undergo surgery. Once the disability is accepted at 20%, the benefit of rounding off or broad-banding to 50% is also available in terms of the settled law laid down by the Supreme Court in Union of India v. Ram Avtar.
This ruling is significant for retired Army, Navy and Air Force personnel whose disability pension claims are rejected or reduced on the ground that they did not consent to surgery or further medical intervention.
The two most important external authorities supporting this article are Ex Sgt Dulal Das, where the Delhi High Court held that acceptable refusal of surgery could not justify reducing disability from 20% to 10%, and Ram Avtar, where the Supreme Court affirmed broad-banding/rounding off for eligible retired personnel.
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Case Overview: CHME Ajay Kumar Singh (Retd.) v. Union of India
In O.A. No. 359 of 2024, the applicant, CHME Ajay Kumar Singh (Retd.), a retired Indian Navy personnel, approached the Armed Forces Tribunal, Regional Bench, Lucknow, challenging the rejection of his disability pension claim.
The applicant was enrolled in the Indian Navy on 22.01.1993 and discharged on 31.12.2022 after rendering nearly 29 years, 11 months and 10 days of service. At the time of discharge, he was placed in a low medical category and was already in receipt of service pension.
Before his discharge, the Release Medical Board assessed his disability, namely Anterior Cruciate Ligament Tear Right Knee, at 20% for life and accepted it as attributable to service. However, the disability percentage was reduced to 10% for life only because the applicant was unwilling to undergo surgery. On that basis, the disability pension claim was rejected.
The applicant challenged the rejection before the AFT and sought disability pension at 20% for life with rounding off to 50% from the next date of discharge.
Also ReadDisability Pension in Armed Forces : Law, AFT Remedies and Case Laws
Core Issue Before the AFT
The Tribunal framed two important questions:
- Whether a Release Medical Board can reduce the percentage of disability merely because the individual is unwilling to undergo surgery.
- Whether the applicant is entitled to rounding off of disability element of pension from 20% to 50%.
Both questions were answered in favour of the retired sailor.
Tribunal’s Finding: Refusal of Surgery Cannot Automatically Reduce Disability Percentage
The AFT found that the Release Medical Board had itself assessed the applicant’s disability at 20% for life. The reduction to 10% was not because the disability was less severe, but because the applicant had given an unwillingness certificate for surgery.
The Tribunal held that such reduction was legally unsustainable. A medical board cannot mechanically reduce the disability percentage merely because a person does not agree to undergo surgery. Surgery may involve risks, uncertainty of outcome and possibility of persistence of disability. Therefore, refusal of surgery cannot, by itself, become a ground to deprive a retired Armed Forces personnel of disability pension.
The Tribunal relied upon the judgment of the Delhi High Court in Union of India & Ors. v. Ex Sgt Dulal Das, W.P.(C) No. 3336 of 2025, decided on 18.03.2025, where it was held that once the Medical Board itself considers refusal of surgery acceptable, the authorities cannot reduce the disability percentage from 20% to 10% on that ground.
Importance of the Delhi High Court Judgment in Ex Sgt Dulal Das
The Delhi High Court in Ex Sgt Dulal Das dealt with a similar issue. The Armed Forces personnel had been assessed with disability at 20%, but the percentage was reduced because he refused surgery. The High Court rejected the Union of India’s challenge and upheld the grant of disability pension.
The High Court reasoned that where the Medical Board records that the refusal to undergo surgery is acceptable due to risks involved and uncertainty of cure, the Government cannot use the same refusal to reduce the disability percentage. The Court further held that the disability was correctly liable to be treated as 20% and, applying the broad-banding principle, rounded off to 50%.
This principle directly supported the applicant’s case before AFT Lucknow.
Rounding Off of Disability Pension: 20% Must Be Rounded Off to 50%
After holding that the applicant’s disability must be treated as 20% for life, the Tribunal applied the settled principle of rounding off.
The law on rounding off of disability pension is now well settled by the Supreme Court in Union of India & Ors. v. Ram Avtar, Civil Appeal No. 418 of 2012, decided on 10.12.2014. The Supreme Court rejected the Government’s stand that broad-banding or rounding off is available only to personnel invalided out of service. The benefit is also available to those who retire on completion of tenure or superannuation, provided the disability is attributable to or aggravated by military service.
Therefore, once the applicant’s disability was held to be 20% for life, the Tribunal directed that it be rounded off to 50% for life.
Final Relief Granted by AFT Lucknow
The Armed Forces Tribunal allowed the Original Application and granted the following reliefs:
- The impugned rejection order denying disability pension was set aside.
- The applicant’s disability was held to be 20% for life.
- The applicant was held entitled to disability element of pension at 20% for life, rounded off to 50% for life.
- The benefit was directed to be granted from the next date of discharge.
- The respondents were directed to implement the order within four months.
- In case of default, interest at 8% per annum was directed till actual payment.
Why This Judgment Matters for Armed Forces Personnel
This judgment is important because many disability pension claims are rejected or reduced on technical medical grounds, especially where the personnel refuses surgery or further invasive treatment. The AFT Lucknow order clarifies that:
- Disability percentage cannot be reduced mechanically.
- Refusal of surgery must be assessed reasonably.
- Medical uncertainty cannot be used against the pensioner.
- If the disability is attributable to or aggravated by service and assessed at 20% or more, disability pension becomes payable.
- Once disability pension is payable, rounding off to 50% is available as per Ram Avtar.
This judgment strengthens the rights of retired Army, Navy and Air Force personnel who are denied disability pension despite having service-attributable disabilities.
Legal Position Emerging from the Judgment
The legal position may be summarised as follows:
Where an Armed Forces personnel is assessed by the Release Medical Board with a disability of 20% for life attributable to or aggravated by military service, the disability cannot be reduced to 10% merely on the basis of unwillingness to undergo surgery. If the refusal is reasonable, or if surgery carries risk or uncertain outcome, such refusal cannot deprive the individual of disability pension. The disability element must be granted at 20% and rounded off to 50% in accordance with the Supreme Court’s ruling in Union of India v. Ram Avtar.
Practical Guidance for Disability Pension Claimants
Retired Armed Forces personnel facing similar rejection should carefully examine the following documents:
- Release Medical Board proceedings.
- Percentage of disability originally assessed.
- Whether the disability was held attributable to or aggravated by service.
- Whether the percentage was reduced only due to unwillingness for surgery.
- Rejection order issued by the Record Office, Pension Sanctioning Authority or PCDA(P).
- First appeal and second appeal status.
- Date of discharge and date from which arrears are claimed.
If the disability was initially assessed at 20% but reduced below 20% only because of refusal of surgery, the case may have strong legal merit before the Armed Forces Tribunal.
Frequently Asked Questions
1. Can disability pension be denied because an Armed Forces personnel refused surgery?
Not automatically. If the disability is otherwise assessed at 20% or more and is attributable to or aggravated by service, refusal of surgery alone cannot be used as a mechanical ground to reduce the disability percentage and deny pension.
2. What if the Medical Board says surgery may reduce the disability?
A mere possibility is not enough. If the outcome of surgery is uncertain, or if there are risks involved, the personnel’s refusal may be reasonable. The authorities must consider the medical facts fairly.
3. What is the minimum disability percentage required for disability pension?
Generally, disability pension is payable where the disability is assessed at 20% or more and is attributable to or aggravated by military service, subject to the applicable pension regulations and facts of the case.
4. What is rounding off or broad-banding of disability pension?
Rounding off, also called broad-banding, means that disability assessed within a certain range is rounded to a higher slab. A disability assessed at 20% is ordinarily rounded off to 50% for pensionary benefits in terms of the applicable policy and the Supreme Court’s judgment in Union of India v. Ram Avtar.
5. Does rounding off apply only to personnel invalided out of service?
No. The Supreme Court in Union of India v. Ram Avtar clarified that rounding off is not confined only to personnel invalided out of service. It can also apply to those who retire on completion of tenure or superannuation, if they are otherwise entitled to disability pension.
6. Which forum hears disability pension cases of Armed Forces personnel?
Disability pension disputes of Army, Navy and Air Force personnel are generally filed before the Armed Forces Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007.
Conclusion
The AFT Lucknow judgment in CHME Ajay Kumar Singh (Retd.) v. Union of India is a strong reaffirmation of the settled position that disability pension cannot be defeated by artificially reducing the disability percentage merely because the individual did not undergo surgery. Once the disability is attributable to service and assessed at 20% for life, the pensioner is entitled to disability element and rounding off to 50%.
For retired Armed Forces personnel, especially those from the Army, Navy and Air Force whose claims have been rejected on grounds of unwillingness for surgery, this judgment provides a useful legal precedent for challenging such rejection before the Armed Forces Tribunal.
Disclaimer
This article is for legal awareness and informational purposes only. It does not constitute legal advice, solicitation, or an attorney-client relationship. Disability pension cases depend upon the individual’s service record, medical board proceedings, attributability/aggravation findings, rejection orders, appeal status and limitation. Professional legal advice should be obtained before initiating proceedings.