Armed Forces Tribunal
Ex Nk Jagdish Prasad (Army) vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
19.
OA 603/2017 with MA 836/2017
Army No Ex 13944601F Nk Jagdish Prasad, S/o Shri Hanuman Ram, Resident of Village and Post Jharoda, 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. Suni Kumar, Proxy for
Mr. Yogendra Singh, Advocate
For Respondents
: Mr. Anil Bhardwaj, 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 wef 01/1/1998 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 29/12/1977 and was discharged from service on 31/12/1997 He had rendered 20 years and two days of service and was granted service pension for life. He was also granted disability element of pension for life. However, the applicant was not granted the benefit of rounding off of his disability element of disability pension.
3. The Respondents vide their Reply Statement, while not disputing the basic facts, submitted that the applicant was discharged from service on 31/12/1997 on completion of his normal service limit under Rule 13 (3) Item III (i) of Army Rules 1954. He had rendered 20 years and three days of service and was granted service pension for life. Since the applicant was in low medical category for the disability, “Bronchial Asthma”, the duly constituted RMB assessed the said disability @20% for two years and considered it as not attributable to military service but aggravated by service due to exposure to uncongenial climate conditions while in military service. Based on the RMB and subsequent RSMBs, 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 not invalided out from service but was discharged from service on completion of his normal 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%, the applicant 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. In view of above, 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/-