Ex Gdr Sharwan Kumar (Army) vs UOI & Others on 23 July 2026

O R D E R

23.07.2026

MA No 285/2017

1. MA No 285/2017 has been filed for hearing the matter at Regional Bench, Jaipur. For the reasons stated in the Application, MA No 285/2017 is allowed.

MA No 284/2017

2. MA No 284/2017 has been filed by the Applicant for condonation of delay in filing the OA. For the reasons stated in the Application, the delay in filing the OA is condoned.

OA No 167/2017

3. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant has filed this OA praying therein to direct the Respondents to grantRounding Off Benefit of Disability Element of Disability Pensionfrom 40% to 50%wef 01.01.2007 and that the arrears be paid along with interest @ 12% per annum.

4. Vide Reply Statement, the Respondents have submitted that the Applicant was enrolled in the Army on 20.12.1986 and after rendering more than 20 years of service, he was discharged from Service on 31.12.2006 on completion of terms of engagement and was not invalided out of service on medical grounds. Therefore, he is not entitled for grant of Rounding Off benefits for the period from the date of his discharge from Service. However, he is entitled for Rounding off benefit wef 01.01.2016 in light of Govt of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dt 23.01.2018 and PCDA (P) Circular No 596 dt 09.02.2018.

5. During the course of arguments, Learned Counsel for the Applicant submitted that as regards grant of Rounding Off benefits, the 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.

6. We have heard Counsels for both the parties and perused the material placed on record.

7. The issue involved in this matter with regard to grant of benefit of rounding off of disability element of disability pension to the Applicant is no longer res integra with the Judgment dated 12.02.2026 passed by the Hon’ble Supreme Court in the case of Union of India through its Secretary and Ors Vs Sgt Girish Kumar & Ors etc, in Civil Appeal Nos 6820-6824 of 2018 along with other Civil Appeals.

8. 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 certified 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 amount already paid on account of disability element to the Applicant shall be suitably adjusted.

9. The OA is disposed off, accordingly.

Pending Miscellaneous Application(s), if any, also stand disposed off.

10. No order on costs.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

Ssy/-