Ex Gnr Jagmal Singh (Army) vs UOI & Others on 14 May 2026

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 01/1/1996 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 01/6/1969 and was discharged from service on 31/10/1991 after serving for more than 15 years of service in the rank of Gnr under Army Rule 13 (3) item III (i). Apart from service pension, the applicant is also in receipt of disability element of disability pension for life.

However, the applicant was not granted the benefit of rounding off of his disability element of disability pension despite repeated representations made to the Respondents.

3. The Respondents vide their Reply Statement, while not disputing the basic facts, submitted that the applicant was discharged from service on 30/6/1984 on fulfilling the conditions of his enrolment under Rule 13 (3) Item III (i) of Army Rules 1954 and not on 31/10/1991 as stated in the OA. Since the applicant was in low medical category due to the disabilities, “ Fracture Tibia Rt and (ii) Fracture Patella Rt (Optd)”, the duly constituted RMB assessed the said disabilities @30% and @20% respectively for two years and considered both the disabilities as attributable to military service. While the applicant was granted disability element of disability pension initially @50% for two years, based on the subsequent RSMBs, the applicant was granted the disability element of disability pension @20% wef 29/8/2002 for life. The Respondents have further submitted that the applicant is eligible for grant of rounding off benefits of his disability element of disability pension wef 01/1/2016 in accordance with the extant policy and the case is being processed to PCDA (P) for issuing corrigendum PPO.

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%, 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. 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 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.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-