Armed Forces Tribunal
Col (Retd) Binoda Bihari Patnaik (Army) vs UOI & Others on 13 August 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
17.
OA 434/2017 with MA 632/2017
IC 34613M Col Binoda Bihari Patnaik (Retd), S/o Shri Basant Kumar Patnaik, Resident of 6 B, Kailash Nagar, KV No 2, Jhotwara, Jaipur, Rajasthan - 302 012
…. Applicant
Versus
1.
UOI, through the Secretary, Ministry of Defence, Govt of India, New Delhi – 110 011
2.
The PCDA (P), Prayagraj, UP
3.
The Adjutant General, AG’s Branch, PS-4, Army HQ, Sena Bhawan, New Delhi – 110 011
…. Respondents
For Applicant
: Mr Sunil Kumar, Proxy for
Mr. Tansukh Rai, Advocate
For Respondents
: Mr. Pradeep Mathur, Advocate
Capt Divya Singh Bhati, OIC Legal Cell,
HQ 61 Sub Area
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
13.08.2026
1. Under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this OA praying for directing the Respondents to grant benefit of rounding off of Disability Element @50% wef01/4/2009 for the purpose of computing disability element as per Para 7.2 read with Para 10.2 of Govt of India, Ministry of Defence letter dated 31/1/2001 with 12% interest.
2. Vide Reply Statement, the Respondents have stated that the applicant was commissioned in the Army on 11/6/1977 (PC) and retired from service on 31/3/2009 on attaining the age of superannuation. Since the applicant was in low medical category due to the disability, “PIVD L2, L3”, the duly constituted RMB assessed the said disability of the applicant @20% for life and considered it as aggravated by military service. He was granted disability element @20% for life vide PPO No M/Dis/000627/2009. Respondents have further stated that the applicant is eligible for grant of broad banding of his disability element to 50% wef 01/1/2016 in terms of letter dated 05/9/2017 of Govt of India, Ministry of Defence.
3. We have heard the counsels for the parties and perused the material on record.
4. 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 &Orsetc, 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.
5. 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.
6. The OA is disposed off accordingly. No order on costs.
7. Pending application, if any, also stands disposed off.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
cda/-