Judgment & order dated 15-03-2023 OA-14/2020 on 15 March 2023

ORDER

15.03.2023 Vide separate detailed order passed today, OA stands allowed. Learned counsel for the respondents makes an oral prayer for grant of leave to appeal for impugning the aforesaid order before the Hon'ble Supreme Court. However, there being no point of law, much less any point of law of general public importance- involved in the order, which warrants grant of leave to appeal, the oral prayer is declined. 0uslrcE RAIENDM MENOr{) CHAIRPERSON (LT GEN P.M. HARIZ) MEMBER(A)

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ARMED FORqES TRIBUNAL REGIONAL BENCH GUWAHATI (Tluough Video - conferencing) o.A. NO.14 0F 2020 lnthemalter of: EX-NkCIS) W Angpong Monsa4g Versus Union of lndta & Ors. For apphcarfi : For the Respondents : CORA}I: ...Applicarfi ...Respondent Mr. A R Tahbil dar, Advocate Ms. Deepanjah Bora, Advocate HON'BLE MR. JUSTICE MIENDRA MENON, CIIAIRPERSON HON'BLE LT GEN PM HARIZ, MEMBER(A)

ORDER

1. This application has been filed under Section 74 of the Armed Forces Trlbunal Act, 2007, by the apphcant who is aggrieved by the order pdssed by Records The Assam Regiment dated 26.12.2019 rejecting applicant's claim for the benefit of rounding off the disability element from 20% to 5oo/o from 07.03.2008 on the ground of he was discharged from service on completion of the term of his engagement.

2. The applicant was enrolled as Sepoy in the Assam Regiment on 27.02.1991. The applicant was discharged from service w.e.f

01.03.2oo8 after rr years of exemprary service, in low medicar category AZ (p) for diagnosis ,TEAR ACT (Rf; 6X1pE which was assessed as 'attributable to mllitary service,. on his discharge from service, though the applicant was granted, zo% disability element of pension for life by the Rele ase Medical Board,, but rounding off benefit of disability element was not granred to him. The applicant had then submitte d an application to Records The Assam Regiment on go.og.zolg for granting the benefit of rounding off the disability element from zo% to so% wef 01.03.2008 i.e. the date of dischargebutthe same was reje ctedby Records the Assam Regiment vide the impugned, ord,er d,ated, 26.12.2019 on the ground that the perc entage of rounding off benefits was applicable to him only with effect from 01.0 1.2016 as per para 6 of PCDA (p) Circular No 5g6. Hence, this petition.

The learned counser for the applicant submitte d that an army personnel, who is discha rged, from military service with disability @ 20% or more and when the same is held to be either attrlbutable to or aggravated, by military servic e by the Release Medical Board, is entitred to disability element of pension with broad-baytding benefit of disability element of pension under the provisions of law and various Government notifications and also

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in terms of different judgements of the Armed, Forces Trlbunals andthe Hon'ble Supreme Court passed time to time.

4. Learned counsel for the applicant also submitted, that the issue regarding granting of broad banding benefit of disability element of pension has attained finality in the Jud,gment passed by the Hon'ble Supreme court of rndia in civil AppealNo. 4 1g/zolz (Union of India versus Ram Avtar), wherein it is held that all atmed forces personnel discharged from service with disability 20% or more and the same is either attributable to or aggravated. by mllitary service are entitled to broad-banding benefit of disability element of pension, irrespective of nature of discharge.

5. The learned counsel for the applicant has also submitted that the applicant was drscharged from service ol.og.zoog and the date of implementation of the concept of broad,-banding / rounding off is o 1 .0 1 . 1 996. Since the appricant has been granted, disability element of pension @zo% from the d,ate of his discharge by the authorities, therefore, he is also entitled to the roun ding off benefit of his disability element of pension from the d,ate of discharge i.e. 01.09.2008 and not from any future artificial date. The benefit must flow to all affected, parties without having to litigate for it. Moreover, it is to be noted that the applicant has

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been granted disability element of pension @ so% with effect from 01 .0 1.2076 by the authorities.

6. Learned counsel for the respondents took us throu gh the details of the Release Medrcal Board (RMB) proceedings and, various policies governing grant of disability pension and submitte d that as per Ministry of Defence letter No 1 (Z) / gT /D (Pen-C) Dated 37 Jan 2001, it was clear that rounding off benefits were only applicable to invalided out cases and not to the person who are discharged from service after completion of terms and. engagement of service. He then took us through the provisions of the policy letter dated 15.09.2014 and 04.og.zot7. The counsel then elaborated on the policy letter dated Zg.o1.zolT and, pcDA circular No.596 dated 09.02.2018 and added that the applicant,s disability had been rounded off from 01.01.2016 based on the policy of 2078.

7. we have heardboth parties atlength. The initial order for broad banding was issued vide MoD letter dated, 31.01.2001 (Para 7.2)-subsequently, vide MoD letter dated 19.01.2010, the benefit --was extended to armed forces personnel who were invalided out of service prior to 01.01.1g96 and were in receipt of disability/war injury pension as on 01.oz.Zo0g. Subs equently, iqffiiF- r l::1 I

MoD vide letter dated 7s.og.zor4 extended, the benefit of broad banding percentage of pension/war injury to armed forces personnel who were invarided out of service prior to 01.01.1996 and were in receipt of disability element/war injury as on 01.01 .1 996.

8. The aspect of broadbanding is no longer res integrasince the Apex court in its judgement d.ated 1o.rz.zor4 inthe case of union of rnd:ia and ors. vs. Ram Avtar in cA 41g/zorz and, connected cases has held that Army person nel are entitled to the benefit of broad banding of disability war injury portion of pension irrespective of being invalided out or discharged on their completion of term of engagement/ or for any other reason The Apex court in its judgement d,ated, gl.os.zoll in the case of capt K.r s Buttu vs. trnion of rndia and ors. in cA ssgl /2006 also held thatthe benefit of broadbandingis to be extended to all personnel irrespective of being invalided,out of service or retired in low medical category on compretion of servic e before or after 1 996.

9. The PCDA circular sg6 and MoD letter no. 17(01)DLPension/policy) dated zg.ot.zolg relied upon here by the respondents to limit the roun dingoff order from 01/01/2016 is not applicable here as these instructions were issued to regulate

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the computation of disability pension on transition to zth cpc regime. Thus, in this case the applicant is entitled to rounding off to 5oo/o wef 0 1 .03.2008, the date of discharge of the applicant.

10. In view of the above, this oA is allowed and respondents are directed to grant benefit of rounding off disability element from 2oo/o to 50% for life with effect from 01.og.zo08. Necessary corrigendum PPo be issued and the arrears be paid within three months of receipt of a copy of this order. Pronoun ced in open Court on this t 5lL day of March,2023. ashok OUSTICE RAIENDRA MENOI\D CHAIRPERSON (LT GEN P.M. I{ARIZ) MEN{BER(A)