Armed Forces Tribunal
Ex Sub Raghubir Singh (Army) vs UOI & Others on 15 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
7.
**OA 293/2017 with MA 466/2017**
**JC-216758YEx Sub Raghubir Singh, S/o Shri Hemraj, Resident of Village and Post Bamanwas, Tehsil Chirawa, District Jhunjhunu, Rajasthan**
** .... Applicant**
**Versus**
1. 1. UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi – 110 011
2. 2. PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014
3. 3. The OIC Records, Records Maratha LI, PIN 900 499, c/o 56 APO
** .... Respondents**
**For Applicant**
**: Mr Sunil Kumar, Proxy for**
**Mr. Yogendra Singh, Advocate**
**For Respondents**
**: Mr. Sandeep Garssa, Advocate**
**CORAM:**
**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**
**HON'BLE MR. SANJIV MITTAL, MEMBER (A)**
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**ORDER**
**15.05.2026**
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 01/11/2000 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 11/10/1972 and was discharged from service on 01/11/2000 in the rank of Subedar. He had rendered 28 years and 20 days of service and was granted service pension for life. The applicant was also granted disability element of disability pension @ 20% for life. However, the applicant was not granted the benefit of rounding off benefits despite making repeated representations to the Respondents.
3. The Respondents vide their Reply Statement, while not disputing the basic facts, submitted that the applicant was discharged from service on 31/10/2000 on completion of his service limit/tenure specified for his rank in low medical category under Rule 13 (3) item I (i) (a) of Army Rules 1954 and was granted service pension for life. Since the applicant was in low medical category for the disability, 'PIVD (Optd)' the RMB assessed the disability of the applicant @ 30% and considered it as aggravated by military service. Based on the RMB and subsequent RSMBs, the applicant was granted disability element of disability pension @30% for life. He was not granted benefit of rounding off of disability element of disability pension in terms of extant policy as he was discharged from service on completion of service limit and was not invalidated 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 @30% for life. As regards grant of benefit of rounding off of his disability element from the existing 30% to 50%, the applicant is entitled to the same in accordance 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.
6. In view of this, 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.
7. The OA is disposed off accordingly. No order on costs.
8. Pending application, if any, also stands disposed off.
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Sd/- XXX
Sd/- XXX
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
cda/-
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