Armed Forces Tribunal
Ex Sub Dharam Pal Singh Yadav (Army) vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
16.
OA 357/2017 with MA 555/2017
JC No 268103F Ex Sub Dharam Pal Singh Yadav, S/o Shri Data Ram Yadav, Resident of Village and Post Saga, Tehsil Buhana, District Jhunjhunu, Rajasthan – 333 502
…. 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, Artillery Records, Nasik Road Camp, Nasik, Maharashtra
…. 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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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 01/11/2011 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 21/10/1983 and was discharged from service on 31/10/2011. He had rendered 28 years and 11 days of service and was granted service pension for life. He was also granted disability element of disability pension @20% wef 01/11/2011 for life. However, the applicant was not granted the benefit of rounding off benefits of disability element.
3. The Respondents vide their Reply Statement, while not disputing the basic facts, submitted that the applicant was discharged from service on 31/10/2011 on completion of his service limit as laid down in Para 163 of Regulations for the Army (Revised Edition) 1987 under Rule 13 (3) 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” the RMB assessed the disability of the applicant @ 20% for life and considered it as aggravated by military service.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 discharged from service on completion of service limit.
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 eligible for 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. 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/-