Armed Forces Tribunal
Ex Nk Thana Ram vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
18.
OA 602/2017 with MA 835/2017
Army No 67111 Ex Nk Thana Ram, S/o Shri Singh Ram, Resident of Village and Post Bhirr, Tehsil Buhana, District Jhunjhunu, 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, AMC Records, Lucknow Cantt – 226 002
…. 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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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 01/01/1996 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 24/9/1960 and was discharged from service on 30/9/1980. He had rendered 20years and one day of service and was granted service pension for life. He was also granted disability element of disability Pension for life. However, the applicant was not granted the benefit of rounding off 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 01/10/1980 on fulfilling the conditions of his enrolment under Rule 13 (3) Item III (i) of Army Rules, 1954 after rendering 20 years and seven days of service and was granted service pension for life. Since the applicant was in low medical category due to the disability, “Bronchial Asthma” the RMB assessed the disability of the applicant @ 50% for two years and considered it as aggravated by military service due to stress and strain of service. Accordingly, the applicant was granted disability element of disability pension initially @ 50% for two years as assessed by the duly constituted RMB which was, based on the subsequent RSMBs, extended for life @ 20% wef 26/3/2004. Respondents further submitted that the applicant is not eligible for grant of broadbanding benefit of his disability element of disability pension as he was discharged from service on completion of his terms of engagement.
4. We have heard the counsels for the parties and perused the material on record.
5. It is clear 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/-