Armed Forces Tribunal

Hony Nb Sub Dudha Ram (Army) vs UOI & Others on 13 August 2026

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ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR

19.

OA 606/2017 with MA 839/2017

No 3181609M Hav &Hony Nb Sub Dudha Ram, S/o Shri Gopu Ram, Resident of Village and Post Salwa Kallan, Tehsil Mandor, District Jodhpur, Rajasthan

…. Applicant

Versus

1.

UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi

2.

The PCDA (P), Prayagraj, UP

3.

The OIC Records, Records The Jat Regiment, PIN 900 496, c/o 56 APO

…. Respondents

For Applicant

: Mr. Sunil Kumar, Proxy for

Mr. Yogendra Singh, Advocate

For Respondents

: Mr. Brij Bihari Sharma, 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 his War Injury Element from@50% to 75% wef 01/1/2012 for life coupled with interest @18% per annum and any other relief as applicable with cost of the application.

2. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 09/12/1987. While serving with 9 JAT, deployed at Poonch Sector, Jammu and Kashmir, the applicant sustained splinter injury, “Multiple

Splinter Injury (Rt) Parietal Region (Optd) with left Brachial Plexus Injury, on 28/9/2003, which was considered as attributable to military service and classified it as Battle Casualty. He was discharged from service wef31/12/2011 on completion of his terms of engagement under Rule 13 (3) item III (i) of Army Rules 1954. The duly constituted RMB assessed the said disability of the applicant @ 50% for life and considered it as attributable to military service. Besides granting service pension for life for the qualifying service,the applicant was also granted War Injury Element @50% wef 01/1/2012 for life vide PPO dated 17/7/2012. Respondents have further submitted that since the applicant was discharged from service on completion of his terms of engagement, he was not granted the benefit of rounding off of his War Injury Element, however, with the enactment of latest policy on the subject as enunciated vide Govt of India, Ministry of Defence letter dated 05/9/2017, he is eligible for grant of benefit wef 01/1/2016.

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/war injury element, 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/-

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