AFT Issues Notice in Disability Pension Dispute: Veteran Challenges 50% Reduction over Surgery Refusal
NEW DELHI – The Armed Forces Tribunal (AFT) Principal Bench has issued a notice to the Union of India regarding a petition filed by a retired Air Force Sergeant who alleges his disability pension was “illegally” reduced because he declined to undergo surgery.
The case, Sgt Subash Chander (Retd) vs. Union of India & Ors. (OA 939/2026), was heard by a bench comprising Chairperson Justice Rajendra Menon and Administrative Member Ms. Rasika Chaube. The Tribunal has directed the respondents to produce the original Release Medical Board (RMB) and medical documents for review on May 4, 2026.
The Legal Dispute Represented by Advocate Sharvan Singh Tanwar, the applicant, Sgt Subash Chander, is challenging a March 2024 order that rejected his appeal for disability pension. The core of the dispute lies in the assessment of a knee injury—Chondromalacia Patellae & Medial Meniscus Tear (Right)—sustained during military duty in 2015.
According to the petition filed by Advocate Sharvan Singh Tanwar:
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The Release Medical Board (RMB) in July 2021 originally assessed the veteran’s disability at 20% for life and recommended a disability pension.
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The respondents allegedly altered this finding to 10%, leading to the rejection of the pension claim.
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This reduction was based on the applicant’s refusal to undergo surgery, which authorities deemed “unwillingness”.
Defense of “Reasonable Refusal” In the petition, Advocate Sharvan Singh Tanwar argues that a veteran cannot be compelled to undergo surgery, especially when specialists cannot guarantee a 100% cure and the procedure carries risks of further deterioration.
“Refusal to undergo surgery cannot legally be treated as a ground to reduce the disability percentage,” the petition states, citing that the applicant was informed of only a 10-20% chance of improvement. The legal team further noted that the reduction from 20% to 10% was arbitrary and contrary to existing medical service regulations.
Expert Legal Representation Armed Forces Lawyer in Delhi Advocate Sharvan Singh Tanwar specializes in armed forces matters and service litigation. His firm frequently represents personnel from the Army, Navy, Air Force, and paramilitary forces in complex disputes involving pensions, promotions, and court-martial proceedings.
The Tribunal’s upcoming hearing in May is expected to examine whether the military authorities had the authority to overrule the RMB’s original 20% assessment based solely on the veteran’s medical choices.