Armed Forces Tribunal
Ex Hav Mukesh Yadva (Army) vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
15.
OA 78/2017
Army No 4187243M Ex Hav Mukesh Yadava, S/o Shri Deena Ram, Resident of Village and Post Gopipura, Tehsil Mundawar, District Alwar, Rajasthan
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011
2.
PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
3.
The OIC Records, Kumaon Regiment, PIN 900 473, c/o 56 APO
…. Respondents
For Applicant
: Mr Sunil Kumar, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr. Anil Bhardwaj, 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
14.05.2026
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 of disability element of disability pension from 20% to 50% wef 01/8/ 2011 to the applicant for life with interest 18% per annum. He has also prayed for award of cost of application in favour of the applicant.
2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 28/10/1994 and was discharged from service on 31/7/2011. He had rendered 16 years, 9 months and 3 days of service and was granted service pension for life. He was also granted disability element of pension @20% wef 01/8/2011 for life. However, the applicant was not granted the benefit of rounding off of disability element on the ground that the benefit would be admissible to only those who were invalided out of service.
3. The Respondents vide their Reply Statement, while not disputing the basic facts, submitted that the applicant was discharged from service on 31/7/2011 before fulfilling the conditions of his enrolment at his own request under Rule 13 (3) Item III (iv) of Army Rules 1954 and was granted service pension for life. The injury sustained by the applicant while participating in organized Battle Physical Efficiency Test (BPET) on 12/2/1999 which was considered as attributable to military service and was assessed @20% for life. Accordingly, the applicant was granted disability element of disability pension @20% for life. He was not granted benefit of rounding off of disability element of disability pension in terms of extant policy as he was not invalided out from service.
4. We have heard the counsels for the parties and perused the material on record.
5. It is apparent from the material on record that the applicant is in receipt of service pension for the qualifying service rendered as also disability element of disability pension @20% for life. As regards grant of benefit of rounding off of his disability element from the existing 20% to 50%, he is entitled to the same in terms of 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 & Ors etc, in Civil Appeal Nos 6820-6824 of 2018alongwith other Civil Appeals.
6. Hence, 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 arrears till the date of its actual payment.
7. The OA is disposed off accordingly. No order on costs.
8. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-