Armed Forces Tribunal
Ex Nb Sub Jagdish Prasad (Army) vs UOI & Others on 14 May 2026
ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR
27.
OA No 185/2018 with MA No 185/2018
JC-297091A Ex Nb Sub Jagdish Prasad, S/o Late Shri Sanwal Ram Yadav, R/o VPO-Pathroli, Tehsil-Khetri, District-Jhunjhunu (Rajasthan)
….Applicant
Versus
1.
Union of India, represented by Secretary, Ministry of Defence, South Block, New Delhi-110011
2.
PCDA (P), Draupadi Ghat, Allahabad (UP)-211014
3.
The OIC Records, Artillery Records,
Nasik Road Camp, Nasik (MH)
…. Respondents
For Applicant
: Mr.Sunil Kumar, Advocate, Proxy for
Mr.Yogendra Singh, Advocate
For Respondents
: Mr.Sandeep Garssa, Advocate
CORAM:
HON’BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)
HON’BLE MR. SANJIV MITTAL, MEMBER (A)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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 therein to direct the Respondents to grantRounding Off Benefit of Disability Element of Disability Pensionfrom 20% to 50%wef 01.07.2001 and that the arrears be paid along with interest @ 18% per annum.
2. Brief facts of the case as enunciated by the Applicant are that after rendering more than 26 years of service, he was discharged from Service on 30.06.2001 on completion of his terms of engagementin low medical category. The duly constituted Release Medical Board held at the time of his discharge from Service assessed his disability@ 20% and considered it as Aggravated by Military Service. In addition to Service Pension, the Applicant has continuously been granted Disability Element of Disability Pension @ 20% wef 01.07.2001. The Applicant submits that in terms of Para 7.2 of Govt of India, Ministry of Defence letter No 1(2)/97/D(Pen-C) dt 31.01.2001, the Applicant is eligible for grant of Rounding Off Benefits from the date of his discharge from Service. The Applicant has also placed reliance on Hon’ble Supreme Court judgment in the case of Capt KJS Buttar Vs UOI & Ors SCC 2011 XI 429 and Hon’ble Supreme Court judgment in the case of UOI & Ors Vs Ram Avtar (2014) SCC Online 1761 and submitted that he is eligible for grant of Rounding Off Benefits of Disability Element of Disability Pension wef 01.07.2001, ie., his date of discharge. The Applicant made representation and also issued Legal Notice for grant of Rounding Off Benefits of Disability Element of Disability Pension from the date of his discharge from Service, but to no avail. Therefore, the aggrieved Applicant has filed present OA.
3. The Respondents have filed a detailed reply to the Application. While not contesting the basic facts presented by the Applicant, the Respondents have submitted thatat the time of discharge, his disability was initially assessed @ 20% for five years, however, MA (P) at PCDA (P) re-assessed @ 20% for two years and in the subsequent Re-Survey Medical Board, his disability was assessed @ 20% for life wef 23.11.2002. Accordingly, the Applicant has been granted Disability Element of Disability Pension @ 20% from the date of his discharge from Service. Since the Applicant was discharged from Service on completion of terms of engagement and not invalided out of service on medical grounds, he is not entitled for Rounding Off benefits of Disability Element of Disability Pension wef 01.03.2000. However, in terms of Govt of India, Ministry of Defence letter No 17(01)/2017/D(Pen/Policy) dt 23.01.2018, the Applicant is entitled for grant of Rounding Off benefit wef 01.01.2016. Further, as per PCDA (P) Circular No 596 dt 09.02.2018, the Pension Disbursing Authorities (PDAs) handling disbursement of pension to the Defence Pensioners have been authorized to pay benefit of Rounding Off of Disability/ War Injury Element wef 01.01.2016.In view of the aforesaid averments, the Respondents have reiterated that the OA is devoid of merit and deserves to be dismissed.
4. During the course of arguments, Learned Counsel for the Applicant submitted that Respondents may be directed to decide his case in the light of the principles settled by Hon’ble Supreme Court judgment dt 12.02.2026 in Civil
Appeal No 6820-6824/2018 in the case of UOI & Ors Vs Sgt Girish Kumar & Ors, to which Learned Counsel for the Respondents raised no objection.
5. We have heard Counsels for both the parties and perused the material placed on record.
6. It is apparent from the perusal of material placed on record that the Applicant has been granted Disability Element of Disability Pension @ 20%from the date of his discharge from service.As regards grant of benefit of rounding off of disability element of disability pension, the Applicant is eligible to the same in terms of judgment dated 12.02.2026 passed by Hon’ble Supreme Court in the case of Ex Sgt Girish Kumar (Supra).
7. Taking into consideration the fact that the Applicant has been granted Disability Element of disability pension @ 20% from the date of his discharge from service and the Counsel for the Applicant has prayed for grant of Rounding Off benefits in the light of principles laid down by Hon’ble Supreme Court in the case of Sgt Girish Kumar (Supra), we direct the Respondents to extend Rounding Off benefits to the Applicant as per this judgment within a period of six months from the date of receipt of a certified copy of this Order, failing which the Applicant shall be entitled to interest @6% per annum on the amount of arrears, if any. Amount already paid on account of rounding off benefit of disability element of disability pension, if any, shall be adjusted.
8. The OA is disposed off, accordingly. Pending Miscellaneous Application(s), if any, also stand disposed off.
9. No order on costs.
(SANJIV MITTAL)
(GOVERDHAN BARDHAR) MEMBER (A)
MEMBER (J)
Ssy/-