Armed Forces Tribunal
Ex Nb Sub Bhup Singh Yadav (Army) vs UOI & Others on 22 April 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
21.
OA No 883/2012
JC-201115 Ex Nb Sub Bhup Singh Yadav, S/o Sh. Chhotu Ram, VPO-Khanpur Ahir, Teh-Mundawar, Distt-Alwar (Raj)
…. Applicant
Versus
1.
Union of India, through its Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
OIC Records, Kumaon Regiment, Ranikhet-263645
3.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
…. Respondents
For Applicant
: Mr. Sunil Kumar, Advocate, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr.Pradeep Mathur, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
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O R D E R
22.04.2026
1. By way of this Application under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has prayed for Rounding Off Benefit of Disability Element of Disability Pensionfrom 30% to 50%wef 01.01.1996 and that the arrears be paid along with interest @ 24% per annum.
2. Brief facts of the case as enunciated by the Applicant are that after rendering more than 24 years of service, he was discharged from Service on 30.06.1995 in low medical category on completion of his terms of engagement for which he has been granted Service Pension for life wef 01.07.1995. At the time of discharge from service, his disability was assessed @ 30% for life for which he has been granted Disability Element of Disability Pension for life wef 01.07.1995. The Applicant submits that in terms of Para 7.2 of Govt of India, Ministry of Defence letter No 1(2)/97/D(Pen-C) dt 31.01.2001, he is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension from 30% to 50% wef 01.01.1996, however, he has not been granted Rounding Off benefits. In support of his claim, the Applicant has placed reliance on Hon’ble
Supreme Court judgment in the case of Capt KJS Buttar Vs UOI & Ors, SCC 2011, XI 429 and contends that he is eligible for grant of Rounding Off benefits wef 01.01.1996. The Applicant made representations as also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension to the Applicant wef 01.01.1996, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed reply to the Application. While not contesting the basic facts presented by the Applicant, the Respondents have submitted that the disability of the Applicant was assessed initially @ 30% for two years, however, MA (P) at PCDA (P) considered his disability @ 20% and, accordingly, he was granted Disability Element of Disability Pension from 01.07.1995 to 07.01.2000. Thereafter, the Applicant was called to appear before the RSMB, but he did not appear before the RSMB and the case was closed. Thereafter, on filing representation by the Applicant, he was brought before Appeal Medical Board(AMB) on 08.01.2008 at Base Hospital, Delhi Cantt, which assessed his Disability @30% for life wef 08.01.2008 and, accordingly, the Applicant has been granted Disability Element of Disability Pension @ 30% for life wef 08.01.2008, ie., the date of holding of AMB. Since the Applicant was discharged from Service on completion of terms of engagement and not invalided out on medical grounds, provisions of Govt of India letter dt 31.01.2001 (supra) are not applicable to the Applicant. In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. During the course of arguments, Learned Counsel for the Applicant submitted that Respondents may be directed to decide his case in the light of the principles settled by Hon’ble Supreme Court judgment dt 12.02.2026 in Civil Appeal No 6820-6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, to which Learned Counsel for the Respondents raised no objection.
5. We have heard Counsels for both the parties and perused the record.Perusal of record reveals that the Applicant has been granted Disability Element of Disability Pension @ 20% for the period from 01.07.1995 to
07.01.2000 and @ 30% for life wef 08.01.2008, ie, the date of holding of Appeal Medical Board. Since, the Applicant did not appear before the RSMB, the Applicant was not granted Disability Element of Disability Pension for the intervening period from 08.01.2000 to 07.01.2008. Therefore, we are of the considered view that the Applicant is not entitled for grant of Disability Element of Disability Pension along with Rounding Off Benefits for the intervening period from 08.01.2000 to 07.01.2008.
6. Taking into consideration the fact that the Counsel for Applicant has prayed for grant of Rounding Off benefits in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra), we direct the Respondents to extend Rounding Off benefits to the Applicant as per the judgment of the Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra) within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest @6% per annum on the amount of arrears, if any.
7. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
8. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-