Ex Sep Joginder Singh (Army) vs UOI & Others on 20 July 2026

O R D E R

20.07.2026

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant rounding off benefits of his disability element@ 50% wef 01/1/1996 for life on the basis of broadbanding of disability after setting aside letter dated 31/8/2013 alongwith interest @12% per annum in favour of the applicant.

2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 09/3/1961 and was discharged from service 12/10/1971 on completion of his colour service only under Rule 13 (3) item III

(v) of Army Rule 1954 due to his disability, “Amoebic Liver Abscess (Optd)”. The duly constituted RMB assessed the said disability of the applicant @20% for

two years and considered it as attributable to military service. Accordingly, the applicant was granted Disability Pension for two years as assessed by the RMB. Based on the subsequent RSMBs, the applicant was granted disability element uninterruptedly for life @20% wef 29/10/1995. Later, the applicant was granted rounding off benefits of his disability element @50% wef 01/7/2009 in terms of Govt of India, Ministry of Defence letter dated 19/1/2010.

3. We have heard the counsels for the parties and perused the material on record.

4. As regards grant of benefit of rounding off of disability element to the applicant, it is no longer res integra with the Judgment dated 12/2/2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary &Ors Vs Sgt Girish Kumar &Orsetc, in Civil Appeal Nos 6820-6824 of 2018 alongwith other Civil Appeals. Counsel for the Respondents has not raised any objection in disposing off the OA in terms of the judgment passed by the Hon’ble Apex Court.

5. In view of the foregoing, we deem it appropriate to remit the case back to the Respondents to consider the prayer of the applicant herein in terms of ibid judgment within a period of six months from the date of receipt of a copy of this Order, failing which, the applicant shall be entitled to receive interest @6% per annum on the amount of arrears till the date of its actual payment. The payment already released to the Applicant will be suitably adjusted in the arrears.

6. The OA is disposed off accordingly. No order on costs.

7. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

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