Ex LD Kana Ram (Army) vs UOI & Others on 23 July 2026

**ORDER

23.07.2026**

1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant Disability Pension @50% wef 31/3/1998 and further grant rounding off benefits of his disability element to 75% wef 31/3/1998 with all consequential benefits alongwith interest @18% per annum in favour of the applicant. He has also prayed for grant of any other relief, which the Hon'ble Tribunal thinks just and proper in the matter.

2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 10/11/1980 and was discharged from service 31/3/1998 in low medical category under Rule 13 (3) item III (v) of Army Rules 1954 read in conjunction with sub clause 3 (A) on being placed in medical 

category lower than 'AYE' and not upto the prescribed military standard to continue in service. He had rendered 17 years, four months and 21 days of service and was granted service pension for life. The duly constituted RMB assessed the said disabilities of the applicant, " Eosinophils Bronchitis Syndrome" and (ii) "PIVD L3, L4 & L5"@20% and 30% respectively for five years, with composite assessment @50% for both the disabilities and considered both these disabilities as aggravated by military service. However, MA (P)/PCDA (P), re-assessed the disabilities of the applicant @20% and 30% respectively with composite assessment @ 40% for five years and accordingly granted disability element @40% for five years. Based on subsequent RSMB held on 06/3/2003, which assessed the disabilities of the applicant @40% for life and thus, granted disability element for life alongwith rounding off benefits @50%.

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. In our considered opinion since the percentage of disabilities at the RMB stage was reduced by MA (P), we may accept the opinion of the RMB which had assessed the disabilities @50% for five years. Accordingly, the same needs to be rounded off to 75% as per orders on the subject.


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.

The State Emblem of India, featuring the Lion Capital of Ashoka, is centered on the page between paragraphs 5 and 6.

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

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

Sd/- XXX

**(SANJIV MITTAL)** **MEMBER (A)**

Sd/- XXX

**(GOVERDHAN BARDHAR)** **MEMBER (J)**

cda/-

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