Armed Forces Tribunal
Ex Gnr (OFC) Daya Ram (Army) vs UOI & Others on 13 August 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
18.
OA 599/2017 with MA 832/2017
No 14394942F Ex Gnr (OFC) Daya Ram, S/o Shri Ram Pal, Resident of Village Rajpura, Post Tajpur, Tehsil Narnaul, District Mohindergarh, Haryana, at present residing at 653 B, Vivek Vihar, New Sanganer Road, Jaipur, Rajasthan
…. 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, AD Artillery Records, PIN 908 803, c/o 56
APO
…. Respondents
For Applicant
: Mr. Sunil Kumar, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr. Anil Bhardwaj, Advocate
Cap tDivya 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 from the existing @ 20% to50% wef 01/1/1996 for life with 12% interest.
2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 06/3/1986 and invalided out from service on 16/2/1994
due to his unwillingess to continue in service. He had rendered seven years and 341 days of service. Since the applicant was in low medical category due to the disabilities, (i) “Acute Lumbago” and (ii) “ OsteoArthrities (Rt) Knee”, the duly constituted IMB assessed the disabilities @ (i) 10% for ten years and the second disability @20% for two years, with composite assessment @30% and also considered the disabilities as attributable and aggravated by military service, respectively. Based on the IMB and subsequent RSMB, the applicant was granted disability element @40% for life. Respondents have further submitted that in terms of Govt of India, Ministry of Defence letter dated 31/1/2001, the applicant is eligible for grant of rounding off his disability element to 50% wef 01/7/2009.
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)
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