Armed Forces Tribunal
Capt (Retd) Hafiz Khan (Army) vs UOI & Others on 15 May 2026
**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**
10.
**OA 39/2018 with MA 30/2018**
**RC-347M Capt Hafiz Khan (Retd), S/o Shri Asgar Ali Khan, Resident of Plot No 218, Sanjay Nagar B, Jhotwara, Jaipur, Rajasthan**
** .... Applicant**
**Versus**
1. **UOI, through the Secretary to the Govt of India, Ministry of Defence, South Block, New Delhi – 110 011**
2. **Chief of the Army Staff, IHQ of MoD (Army), South Block, New Delhi – 110 011**
3. **PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014**
** .... Respondents**
**For Applicant**
**: Mr Sunil Kumar, Proxy for**
**Mr. Yogendra Singh, Advocate**
**For Respondents**
**: Mr. OP Jhajharia, 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.
**ORDER**
**15.05.2026**
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 30% to 50% wef 01/7/1996 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 as a Sepoy and later on he was granted Regimental Commission. He retired from service on superannuation on 30/6/1996 with 30% disability. Upon his retirement from service, apart from service pension for the qualifying service, the applicant was also granted disability element of disability pension @ 30% for life. However, the applicant was not granted the benefit of rounding off benefits despite making repeated representations to the Respondents.
3. The Respondents vide their Reply Statement, submitted that the applicant was commissioned in the Army on 10/9/1988 as a Regimental Commissioned Officer and retired from service on 30/6/1996 on reaching the age of superannuation. He had also served in the ranks from 19/6/1964 to 09/9/1988, ie, 24 years and 83 days. Since the applicant was in low medical category at the time of his retirement from service, the RMB assessed the disability of the applicant, "Leprosy B BT for RMB" @40% for two years and considered it as attributable to military service. Based on the assessment of RMB and subsequent RSMBs, the applicant was granted disability element of disability pension finally @30% for life. He was not granted benefit of rounding off of disability element of disability pension in terms of extant policy as he retired from service on completion of service limit and was not invalidated out from service, however, the Respondents have conceded that the applicant is eligible for grant of rounding off benefits to 50% wef 01/1/2016 in accordance with. Govt of India, Ministry of Defence letter dated 05/9/2017.
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 @30% for life. As regards grant of benefit of rounding off of his disability element from the existing 30% to 50%, he is eligible for the same in terms of 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 amount of 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.
Sd/- XXX Sd/- XXX
(SANJIV MITTAL) MEMBER (A)
cda/-
(GOVERDHAN BARDHAR) MEMBER (J)
