DISABILITY PENSION APPEAL BEFORE AFT: A SIMPLE GUIDE

Source: AFT Delhi

Getting your disability pension claim rejected is painful. You served the nation. You got hurt or fell sick because of that service. And still, the file says “Not Attributable.” Many veterans feel lost after this letter.

The good news is this: a rejection is not the end. There is a proper legal path. It is called the disability pension appeal AFT process. Thousands of ex-servicemen have used it and won. This guide explains the AFT disability pension process in very simple words. No confusing legal terms. Just clear steps, one by one.

What Is the AFT?

The Armed Forces Tribunal (AFT) is a special court. It was set up under the Armed Forces Tribunal Act, 2007. It hears service and pension matters. This includes Army, Navy, and Air Force personnel. It also covers retired personnel. It does not hear cases of paramilitary forces like BSF or CRPF.

Each Bench of the AFT has two members. One is a Judicial Member. This is a retired High Court Judge. The other is an Administrative Member. This is a retired senior officer from the forces. This mix is important. It means your case is heard by someone who understands both law and military service.

Step 1: Understand Why Your Claim Was Rejected

Read your rejection letter carefully. Usually, the Medical Board gives a reason. It often says the disability is “Neither Attributable to Nor Aggravated by” military service. This is often written as NANA. This means the Board feels your injury or illness has nothing to do with your service.

This is exactly the point you will need to challenge in your appeal.

Step 2: File a First Appeal (Statutory Complaint)

Before going to the AFT, the law expects you to try one more step first. This is called a statutory complaint or First Appeal. You file it with your department. Think of it as giving the department a chance to fix its own mistake.

Under Section 21 of the AFT Act, you are treated as having used this remedy in two situations. First, if the department gives a final order rejecting your complaint. Second, if six months pass after you filed it, and there is still no order.

Step 3: File Your Disability Pension Appeal at the AFT

Once you have completed Step 2, you can move to the AFT. This is the actual how-to-appeal-rejected-pension step. You, or your lawyer, will file an Original Application. This goes before the AFT bench with power over your case. For example, Delhi, Chandigarh, or Lucknow.

Under Section 22, there is a strict time limit. You must file within six months from the final rejection order. If no order was ever passed, you must file within six months of when you first filed your complaint. The Tribunal can allow a late filing, but only for a genuine reason. It is always safer to file on time.

Step 4: Government Gets a Notice

Once the Tribunal accepts your application, it sends a notice. This goes to the government side. This is usually the Union of India, through the Ministry of Defence. They are now officially told that you have challenged the rejection.

Step 5: Both Sides Present Their Case

The government files a reply. This defends its rejection. You then get a chance to file a counter-reply. This is called a rejoinder. This back-and-forth is called pleadings.

After pleadings are done, your case is listed for a final hearing. Lawyers from both sides argue in front of the Bench. They use facts, pension rules, and past judgments to support their case.

Step 6: The Judgment

The AFT gives a reasoned judgment. If it rules in your favour, it tells the government to grant your disability pension. This often includes arrears. Arrears means the pending amount owed to you from an earlier date.

One important legal rule has helped many veterans. It is called the “presumption of sound health.” If you were medically fit when you joined, any disability that develops during service is presumed to be connected to your service. The government must clearly prove otherwise. This shifts a big part of the burden onto the government, not you.

Step 7: If You’re Still Not Satisfied

If the AFT also rejects your case, you still have options. Under Section 30, you can appeal to the High Court and then Supreme Court. You must do this within ninety days of the AFT’s final decision. But this needs the Tribunal’s permission, called “leave to appeal,” under Section 31. This is only granted if a point of law of general public importance is involved. There is no appeal against a mid-case order.

A Word of Caution

Every case is different. Your medical category, date of injury, type of duty, and paperwork all affect the outcome. This article explains the general process. It is not a replacement for reviewing your own documents with someone who understands AFT matters well.

Final Thoughts

A rejected disability pension claim feels disheartening. But the law gives you a real, structured path to challenge it. Knowing the correct six-month time limits at each stage is one of the most important things to get right in this whole process. Missing a deadline can hurt your case badly, even if your claim is genuine.

If you want help reviewing your specific case, get in touch with ESM Corner’s Legal Help team for guidance tailored to your situation.

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