[2025:RJ-JP:33585-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 8502/2025 Ex. Sep Attar Singh (Army No. 2975403K), Resident Of Village Kalyanpur Post Aghapur, District Bharatpur Rajasthan ----Petitioner Versus 1. UOI, Through The Secretary, Department Of Ex. Serviceman (sic) Welfare, Ministry Of Defence, Govt. Of India, New Delhi 2. PCDA (P), G3/RA Section Prayagraj, UP 3. Chief Record Officer, Records The Rajput Regiment, Fatehgarh, UP ----Respondents For Petitioner(s) : Ms. Anjali Minocha For Respondent(s) : Ms. Manjeet Kaur HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 25/08/2025 1. The challenge is to the order passed by the learned Armed Forces Tribunal (for short, "AFT") dated 28.03.2025 whereby, the petitioner's claim for grant of disability element of pension was allowed only for the period of two years along with interest. 2. Learned counsel for the petitioner submits that the disability element ought to have been granted for the entire life as he continues to suffer from Pulmonary Tuberculosis which was the basic disability on account of which he had been discharged. 3. We have considered the submissions and we find that from the facts that the disability of the petitioner was assessed by the PCDA(P) at less than 20%, i.e., between 11% to 14% on account [2025:RJ-JP:33585-DB] (2 of 2) [CW-8502/2025] of which his disability element of pension was stopped in the year 1994. He had not preferred any appeal against the said order. Thereafter, final Re-Survey Medical Board (RSMB) was held in 2004 whereby the disability of the petitioner was assessed as less than 20% for life. Thus, twice assessment has been done and the petitioner did not challenge even the subsequent assessment. The Tribunal has, therefore, reached to the final conclusion that the disability of the petitioner is less than 20% after the RSMB was held on 05.03.2004. 4. In view of the findings of the duly constituted RSMB, the disability having been found to be less than 20%, the claim of the petitioner fails for seeking disability element for life. It is only when the disability is found to be 20% or above, the benefit of disability element is granted. 5. Considering that for initially two years, the petitioner was found to be having 20% disability, the AFT has rightly directed the respondent to grant disability element for two years as per the recommendations of RSMB held on 25.11.1993, the arrears shall accordingly be calculated along with interest as awarded by the AFT and paid to the petitioner, the claim of the petitioner for further grant of disability is not made out. No interference is warranted in the order dated 28.03.2025 passed by the learned AFT. 6. The writ petition is accordingly dismissed. Pending application(s), if any, also stands disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J GAURAV/AVINASH/68