Armed Forces Tribunal
Ex OFC Shree Chand (Army) vs UOI & Others on 15 July 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
**12.
OA 152/2017**
**No 14387444M Ex OFC Shree Chand, S/o Shri Chuni Lal, Resident of Village Chattar Garh, Tehsil & District Sirsa, Haryana, presently residing at D-162, Prem Nagar, Jhotwara, Jaipur, Rajasthan – 302 012**
** .... Applicant**
**Versus**
1. **1. UOI, through the Secretary, Ministry of Defence, South Block, New Delhi – 110 011**
2. **2. PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014**
3. **3. The OIC Records, AD Artillery Records, Nasik Road Camp, Nasik**
** .... Respondents**
**For Applicant**
**: Mr. Sunil Kumar, Proxy for
Mr. Yogendra Singh, Advocate**
**For Respondents**
**: Mr. OP Jhajharia, Advocate**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER
15.07.2026**
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondent to grant benefit of rounding off of his disability element to 50% wef-01/1/1996 for life coupled with interest @18% per annum in favour of the applicant.
2. Vide Reply Statement, the Respondents have submitted that the applicant was enrolled in the Army on 12/3/1985 and was invalided out from service on 10/10/1995 under Rule 13 (3) item III (iii). He had rendered 10 years, six months and 29 days of service. The IMB assessed the disabilities of the applicant, "Delayed Acute Appendicitis @11 to 14% for two years and (ii) Unilateral Sacralisation LV
5" @20% for two years with composite assessment for both these disabilities @ 30% for two years and considered the first disability as attributable to military service and the second disability as aggravated by military service. While the applicant was granted service element of disability pension for life, he was also granted disability element for the second disability @20% for five years and was not granted disability element for the first disability, re-assessing it as neither attributable to nor aggravated by military service. Subsequent RSMB held on 02/6/2000 at the Base Hospital, Delhi Cantt, assessed the second disability, ie, Unilateral Sacralisation LV5 @50% for five years, however, the claim of the applicant was rejected by the MA(P)/PCDA (P), re-assessing it at less than 20%, ie, 11-14% for five years. Since the applicant was invalided out from service prior to 01/1/1996 and based on the policy enacted by the Ministry of Defence vide letter dated 02/3/2001, the applicant was brought before a fresh RSMB at the Base Hospital on 23/3/2002, wherein the second disability of the applicant (Unilateral Sacralisation) was again assessed @ 30% for life. Consequently, the applicant was granted disability element of disability pension @30% wef 09/4/2002 for life vide PPO dated 18/9/2002. In terms of latest policy on the subject, the applicant is eligible for grant of broadbanding of his disability element wef 01/7/2009, which is pending for want of certain documents from the applicant which were not submitted by him.
3. We have heard the counsels for the parties and perused the material on record.
4. It is a fact that the first disability of the applicant, ie, "Delayed Acute Appendicitis" which was assessed by the IMB @ 11-14% for two years and considered it as attributable to military service was not considered by the PCDA (P) while considering the claim of the applicant initially as both the disabilities of the applicant were assessed at composite 30% for two years.
However, arbitrary action of the PCDA (P) in re-assessing the percentage of disability of the applicant, "Unilateral Sacralisation LV5" @11-14% for five years as against the assessment @30% for five years by the RSMB held on 02/6/2000 and denying the applicant his rightful dues was against the spirit of judgment passed by the Hon'ble Apex Court in this regard. Therefore, the applicant is entitled for grant of disability element @30% for the intervening period wef 02/6/2000, which was unjustly denied to him by the MA(P)/PCDA (P). Respondents are, therefore, directed to grant disability element of disability pension @30% to the applicant wef 02/6/2000 for five years.
सत्यमेव जयते
5. 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 & Ors etc, 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.
6. 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.
- 7. The OA is disposed off accordingly. No order on costs.
- 8. Pending application, if any, also stands disposed off.
Sd/- XXX
(SANJIV MITTAL) MEMBER (A)
cda/-
Sd/- XXX
(GOVERDHAN BARDHAR) MEMBER (J)
सत्यमेव जयते
