Armed Forces Tribunal
Ex Ris Nizamudeen Khan (Army) vs UOI & Others on 15 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
8.
**OA 538/2017 with MA 754/2017**
**JC-203185F Ex Ris Nizamudeen Khan, S/o Shri Wars Khan, Resident of Village & Post Bhinchri, Tehsil Fatehpur Shekhawat, District Sikar, 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, Armoured Corps Records, PIN 900 476, c/o 56 APO
.... Respondents
For Applicant
: Mr Sunil Kumar, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr. Arun Kumar, 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 30% to 50% wef 01/3/1999 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.
**यतो न्यायः ततो जयः**
2. Brief facts of the case as enunciated by the applicant are that the applicant was enrolled in the Army on 22/2/1971 and was discharged from service on 28/2/1999 in the rank of Risaldar. He had rendered 28 years and six days of service and was granted service pension for life. The applicant was also granted disability element of disability pension @ 30% 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 28/2/1999 under Rule 13 (3) item I (i) (a) of Army Rules 1954 on completion of his service limit/age limit in low medical category. He was granted service pension for the qualifying service of 28 years and seven days. Based on the assessment of 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, however, the Respondents have conceded that the applicant is eligible for grant of rounding off benefits to 50% wef 01/1/2016 in accordance with. Govt of India, Ministry of Defence letter dated 05/9/2017.
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%, 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 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.
SDT XXX
समर्थ जयते
SDT XXX
(SANJIV MITTAL) MEMBER (A)
(GOVERDHAN BARDHAR) MEMBER (J)
cda/-
