Ex Nk Puran Singh (Army) vs UOI & Others on 20 July 2026

O R D E R

20.07.2026

MA No 54/2018

1. The applicant has filed this MA, praying for condonation of delay of 16 years, six months and four days involved in filing the OA is condoned, taking into account the reasons advanced therein.

OA No 62/2018

2. 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 benefits of his disability element from the existing 20% to 50% wef 01/1/1996 for life coupled with interest @18% per annum in favour of the applicant.

3. Vide Reply Statement, the Respondents have stated that the applicant was enrolled in the Army on 15/12/1971 and was discharged from service on 31/10/1991 under Rule 13 (3) item III (v) of Army Rules 1954. He had rendered 19 years, ten months and 17 days of service and was granted service pension for life. The duly constituted RMB assessed the disability of the applicant, “PIVD L4, L5 (Optd) Effects of” @40% for two years and considered it as aggravated by military service. Based on the RMB and subsequent RSMBs, the applicant was granted disability element 01/11/1991 and @40% wef 16/1/2008 for life. While the prayer for the applicant for grant of broadbanding @50% wef 01/1/1996 was rejected, however, the same has been granted to the applicant wef 01/1/2016 as per extant policy on the subject.

4. During the pendency of the OA, the original applicant herein, expired on 06/2/2023, as per copy of Death Certificate dated 13/3/2023 issued by the concerned authority, placed at Annexure MA/1. Accordingly, counsel for the applicant has filed MA No308/2024 for taking SmtParwati, widow of Ex NaikPuran Singh, as Legal Heir of the Original Applicant, Ex NaikPuran Singh,who died during the pendency of the OA and to substitute her name in the Cause Title in place of the original applicant. Taking note of the Application and subject to objection/verification, if any, by the Respondents, the MA is allowed.

5. We have heard the counsels for the parties and perused the material on record.

6. As regards grant of benefit of rounding off of disability element to the applicant, 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

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.

7. In view of the foregoing, we deem it appropriate to remit the case back to the Respondents to consider the prayer of the original applicant hereinand grant life time arrears of broadbanding @50% of disability element of late NaikPuran Singh to his widow, SmtParwati, as entitled to the original applicant till his demise on 06/2/2023 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 original Applicant will be suitably adjusted in the arrears.

8. The OA is disposed off accordingly. No order on costs.

9. Pending application, if any, also stands disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J)

cda/-